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(영문) 서울중앙지방법원 2018.12.11 2018가단5041149
구상금
Text

1. The Defendant: (a) KRW 17,519,626 to the Plaintiff, as well as KRW 5% per annum from January 18, 2018 to December 11, 2018; and (b).

Reasons

1. On March 12, 2017, A, driving a sub-high speed bus B around 21:20 on March 12, 2017, led to the instant accident resulting in the death of the Plaintiff by causing C, which was located at the end of the lane adjacent to the 4th sub-section of the underground stairs in front of the underground stairs, to go back to the front side of the military room in Pyeongtaek-si Highway Highway No. 4 (charges collection column) located in the Sinsido-dong-dong-dong-dong, to the front side of the military room.

C was a collection source of the case belonging to the defendant company that is engaged in the operation and management business of the road tolize, and was in the middle door of the 2 side entrance in the 4th side.

The Plaintiff paid the total amount of KRW 175,196,260 to C’s bereaved family members up to January 17, 2018 as an automobile insurance for the accident vehicle.

[Ground of recognition] Facts without dispute, Gap 6, Eul 1-6, the purport of the whole pleadings

2. According to the above fact of recognition, as to the accident of this case, A did not properly look at the front line, and thereby proceeded with the general lane by marking it over to the lower parallel. In so doing, the Defendant did not take a work method or take a physical facility so that the collection source under its jurisdiction does not not necessarily be exposed to the lane.

Ultimately, since the accident of this case conflicts with the above negligence between A and the defendant, the plaintiff and the defendant are liable to compensate for all damages suffered by C due to the accident of this case.

It is reasonable to see that the apportionment ratio in the internal relation is 9:1.

Therefore, in this case where the plaintiff's withdrawal was exempted from liability for the defendant, the plaintiff acquired the right to indemnity for KRW 17,519,626 of the insurance money paid to his bereaved family members C to the defendant 175,196,260.

I would like to say.

3. If so, the defendant is the plaintiff 17,519,626 won and the above.

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