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서울중앙지방법원 2016.01.14 2014가단5355260

1. The Defendant’s KRW 24,263,788 as well as 5% per annum from October 17, 2014 to January 14, 2016 to the Plaintiff.


1. Basic facts

A. The Plaintiff is a person who, as the insured, concluded an automobile comprehensive insurance contract with respect to Bone Star-Ba Cargo (hereinafter “instant vehicle”).

B. At around 16:52 on March 22, 2013, C, his father, driving the instant vehicle, received network D and E, which had been engaged in removal of snow sand in the vicinity of the central line safety separation unit (hereinafter “instant accident”), and caused network D and E, which had been engaged in removal of snow sand in the vicinity of the central line, while driving the instant vehicle along the two-lane road in the vicinity of the Chungcheong-gun, Chungcheongnam-gun, the Defendant (hereinafter “instant road”), from the surface of the bank at the time of liquidation, they turned off the said vehicle from the surface of the bank to the two-lane road. This damage caused network D and E (hereinafter “instant accident”).

4. 4. Death, E suffered injury, such as dives, which require approximately 12 weeks of treatment.

C. The Plaintiff, an insurer, from April 10, 2013 to October 16, 2014, spent the total of KRW 96,246,430 in several times, total of KRW 96,246,430 in the network D insurance proceeds, and KRW 25,072,510 in the aggregate of insurance proceeds for E.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings

2. The Plaintiff’s assertion violated the duty of safety consideration in proceeding with the instant work, and caused the instant accident, which eventually led to the conflict between C’s fault and the Defendant’s fault, which is the driver of the instant vehicle, and the instant accident.

Therefore, the defendant should pay 48,527,576 won, which is the amount equivalent to 40% of the charge ratio of the defendant's negligence out of the insurance money, to the plaintiff as the indemnity amount.

3. Determination

A. According to the evidence revealed earlier, the Defendant started removing snow sand by employing the human body from March 18, 2013, and the F and the above human body at the time of the instant accident.