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(영문) 서울중앙지방법원 2020.02.05 2018가단5131875
구상금
Text

1. Defendant B’s KRW 106,850,650 as well as 5% per annum from August 9, 2013 to February 5, 2020 as to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for the E-vehicle driven by D (hereinafter “Plaintiff”) and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is an insurer who entered into an automobile comprehensive insurance contract for the Seoul 32Ka168 Private Taxi (hereinafter “Defendant taxi”) driven by Defendant B.

B. On April 25, 2013, at around 23:20, Defendant B left the network H, a taxi passenger under the influence of alcohol, on the fourth-lane of the G Hospital located in the Yeongdeungpo-gu Seoul Metropolitan Government F, on April 25, 2013 (hereinafter “the network”). Defendant B opened a front door door and settled the taxi fee by credit card, and went back without closing the door.

Defendant B: (a) was the deceased, who was frightened from the driver’s seat, closed the front door, and was on the driver’s seat; and (b) the deceased opened a front door again.

Defendant B tried to start the operation of the deceased again from the driver’s seat to India and return to the driver’s seat.

However, the deceased's opening a door of the driver's seat of the defendant si and putting the balp of the defendant B into the outside of the driver's seat, and the defendant B, at the same time, did not go beyond three-lanes of the deceased's breast part of the chest.

Meanwhile, on April 25, 2013, D driven the Plaintiff’s vehicle while drinking alcohol, and driven the front way of the said G Hospital from the I apartment room to the 3-lane distance of large 3-lanes, the speed of 60 to 70km depending on the three-lanes, among the four-lanes, from the I apartment room to the 3-lane distance of large 3-lanes. However, as seen above, D, as seen above, she escaped from the body of the Plaintiff’s right-hand side of the Plaintiff’s vehicle.

On April 26, 2013, the Deceased was sent to a hospital, and died from two subscopic wounds around 00:10, etc.

(hereinafter “instant accident”). C.

On April 29, 2013, the Plaintiff received insurance money from the instant accident.

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