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(영문) 창원지방법원 2015.02.05 2014나30258
구상금
Text

1. Of the judgment of the court of first instance, KRW 23,775,253 against the Plaintiff and its related thereto from December 31, 201 to February 5, 2015.

Reasons

1. Basic facts

A. At around 11:00 on September 10, 201, A, while driving the above vehicle, D with the wife-friendly son on the low-speed B (hereinafter “Plaintiff-owned vehicle”) and driving the above vehicle on the national highway No. 3, which is a two-laner, the two-laner, in the growth side of Busan Cheong-gun, by driving the said vehicle on a one-lane road from the front side of the front side of the Cheong-gun, Busan Cheong-gun (hereinafter “the road in this case”). At least 500 meters (hereinafter “the road in this case”), the number string passenger car, which was proceeding one-lane prior to the end on the road located in both sides of the Cheong-gun, Busan Cheong-gun, and then turned into the road along which the Plaintiff used to drive the vehicle on the two-lane line, thereby getting up to the right shoulder of the pole, thereby getting out to the right shoulder.

그로 인하여 원고 차량이 가드레일을 타고 넘어가 5m 높이의 언덕 아래로 굴러 위 지점 아래에 설치되어 있던 지하통로 시멘트 옹벽을 들이받고 튕겨져 전복되는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였고, 이 사건 사고로 A, C, D이 모두 사망하였다.

B. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with A during the period including the date of the instant accident with respect to A and the Plaintiff. The Plaintiff paid KRW 50,00,000,00 for self-physical accident insurance proceeds of A, KRW 93,184,520 for liability insurance proceeds of C, KRW 39,936,220 for self-physical accident insurance proceeds of C, KRW 33,227,370 for liability insurance proceeds of D, and KRW 19,936,420 for self-physical accident insurance proceeds of KRW 19,936,420 for self-physical accident insurance proceeds of this case (i.e., KRW 50,00 for KRW 13,120, KRW 740 for KRW 53,120, KRW 53,163,790 for the above deceased’s bereaved families.

C. The Plaintiff received the claim for damages from the inheritors A, C, and D against the Defendant, and the above assignment of claims was notified to the Defendant.

Meanwhile, the defendant is the construction manager of the road of this case.

[Ground of recognition] A.

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