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(영문) 서울중앙지방법원 2018.12.19. 선고 2018가소1767559 판결
구상금
Cases

2018 Ghana 1767559 Reimbursements

Plaintiff

A Stock Company

Attorney Choi Jong-min et al., Counsel for the defendant

Attorney Park Jae-ok, Counsel Park Jae-ok

Defendant

1. B

2. C Stock Company:

[Judgment of the court below]

Attorney Kim Young-chul, and Simnam-gu

Conclusion of Pleadings

December 5, 2018

Imposition of Judgment

December 19, 2018

Text

1. The Defendants jointly pay to the Plaintiff 9,836,30 won with 5% interest per annum from May 19, 2016 to December 19, 2018, and 15% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims against the defendants are all dismissed.

3. 3/10 of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendants, respectively.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The Defendants jointly pay to the Plaintiff 14,051,90 won with 5% interest per annum from May 19, 2016 to the service date of a copy of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment.

Reasons

1. Calculation of the amount of indemnity;

A. The amount of damages paid by the Plaintiff to the victim D (insurance proceeds) KRW 14,051,90,000

B. The amount of indemnity against the Defendants constituted by the ratio of the portion of the joint tortfeasor’s liability to the Defendants

--In light of the circumstances of the instant accident recognized by evidence No. 8, evidence No. 1, evidence No. 1, and the purport of the entire pleadings, the management and supervision of Co., Ltd. E, the fault ratio of Defendant B driver, and the fault ratio of Defendant B driver shall be determined at 3:7.

Therefore, the amount of indemnity is 14,051,90 won X 7/10 = 9,836,330 won.

2. It shall be decided as per the Disposition with the above reasons;

Judges

Judges Lee Jae-hoon

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