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(영문) 울산지방법원 2016.07.19 2015가단63311
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that provides mutual aid services to a private taxi transport business entity. 2) The Plaintiff entered into a mutual aid agreement with A and B private taxi (hereinafter “instant taxi”) with the term of contract from February 14, 2015 to February 14, 2016.

B. (1) On June 18, 2015, around 23:45, A was driving the instant taxi and was straighted along one-lane of the two-lanes from the boundary line of the Ulsan Airport, the network C (hereinafter referred to as “the network”) which illegally crosss the instant taxi to the left-hand side from the right-hand side of the said branch, while driving the instant taxi at the port of Ulsan Airport.

) A traffic accident was caused to the front side of the instant taxi to the right side of the taxi (hereinafter “first accident”).

2) The Deceased was on the two-lanes of the four-lanes due to the first accident, and at that time D was driving a motor vehicle E motherba (hereinafter “Defendant”) at the two-lanes of the same location D, and the Deceased was on the part of the deceased.

(hereinafter referred to as “the second accident”). The Deceased died immediately due to a high level of chest damage, etc. (hereinafter referred to as “the second accident”) upon the first and second accidents. [The grounds for recognition] There is no dispute, and evidence Nos. 1 through 5, and 18 (including attachment of a serial number; hereinafter the same shall apply).

(1) The statements and images of subparagraph (1) to (4) and the purport of the entire pleading

2. Determination

A. The sum of damages and consolation money for the deceased and their families caused by the death of the deceased, is 88,183,585 won. The deceased’s family members received only KRW 80,000 from the Plaintiff and agreed to waive the remainder of damage compensation.

On October 23, 2015, the Plaintiff paid KRW 80 million to the deceased’s family members, and paid KRW 293,540 to the deceased’s medical expenses.

As to the death of the deceased, 50% negligence on the operator of the vehicle on the part of the defendant. Since the defendant, who is the insurer of the joint tortfeasor, was exempted from liability due to the plaintiff's exit, the defendant shall pay the plaintiff 40,146,70 won equivalent to 50% of the total amount of 80,293,540.

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