logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.03.22 2015가단124626
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 80,183,60 and 5% per annum from July 4, 2015 to September 21, 2015.

Reasons

1. Basic facts

A. The Plaintiff entered into an automobile comprehensive insurance contract with C by setting the insurance period from April 16, 2015 to April 16, 2016 with respect to the vehicles owned by C (hereinafter “instant vehicle”) as KRW 110 million for self-vehicle damage. Defendant A is the driver of the E35 passenger bus (hereinafter “Defendant vehicle”), and Defendant B is the owner of the Defendant vehicle and the user of the Defendant A.

B. Around 09:00 on May 23, 2015, F: (a) while driving the instant vehicle and driving the G vehicle to the front body while driving in the Central Highway in the name of the west-gun, the west-gun, the west-gun, the central highway (hereinafter “first accident”); and (b) immediately after that, the Defendant’s vehicle driven by the Defendant A, was killed in the instant vehicle (hereinafter “second accident”); and (c) the said first and second accidents together, led to the instant accident (hereinafter “instant accident”); and (d) the entirety purport of the arguments and arguments.

2. Determination

A. According to the above recognition of the liability for damages, the second accident occurred due to Defendant A’s negligence, which is the driver of the Defendant vehicle.

As such, Defendant B, the user of Defendant A, and Defendant A, the driver of the instant vehicle, are jointly and severally liable for damages incurred by the second accident to C, the owner of the instant vehicle.

However, the Plaintiff paid the insurance proceeds from the instant accident to C and acquired the rights of C to the Defendants (Article 682 of the Commercial Act). The Defendants jointly and severally are liable to compensate the Plaintiff for damages arising from the secondary accident within the scope of the insurance proceeds paid by the Plaintiff.

B. (1) In full view of the contents of evidence Nos. 3 through 7 of the insurance money paid by the Plaintiff due to the instant accident, and the purport of the argument as a result of the fact-finding to the Sejong Automobile Co., Ltd. in this Court, ① the instant vehicle is a vehicle specially manufactured for the first registered funeral hole on April 17, 2015, and its total length is about 8 meters.

arrow