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(영문) 서울중앙지방법원 2017.06.23 2016나57467
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff regarding Defendant A and B, which constitutes the money ordering payment below.

Reasons

1. The fact of recognition is an insurer who has concluded an automobile insurance contract with respect to the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant Company is an insurer who has concluded an insurance contract with respect to the FObane owned by E (hereinafter “Defendant Obane”), with respect to which KRW 120,000,000 is a liability insurance contract with respect to the insurance limit, and the Defendant A and B are the parents of G who were the drivers of Defendant Obane at the time of the following accident.

C On September 13, 2011, 21:21:55 on September 13, 201, while driving the Plaintiff’s vehicle at the front of 200,000, and making a left-hand turn in violation of the signal from salary-day room to 20,000, the front part of Defendant Otoba, who was directly in red-flosting to salary-day, was collisioned with the front part of the Plaintiff’s vehicle.

At the time, the G driver G was in a state without a driver's license, and both G and Dong winners were not safe features.

In the foregoing accident, G was killed on February 25, 2012 while H was receiving treatment.

From October 18, 2011 to August 5, 2014, the Plaintiff paid insurance proceeds of KRW 278,691,520 in total with the medical expenses and the amount agreed upon for H.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 8, and 9, fact inquiry results against the chief of the police station having jurisdiction over the party, the purport of the whole pleadings

2. Claims against the defendant A and B

A. The instant accident caused competition between the negligence of the Plaintiff’s driver C and the negligence of the Plaintiff’s driver’s driver’s driver’s driver’s driver’s driver’s negligence and the negligence of the Defendant’s driver’s driver’s driver’s driver’s driver’s driver’s negligence by violating the signal, and thus, the Plaintiff is the insurer of the Plaintiff’s vehicle, and Defendant A and B are liable to compensate for the damages suffered by the Victim’s deceased as the heir of the Plaintiff’s driver’s deceased, who is a tort (hereinafter “the Plaintiff, Defendant A and B”), as the insurer of the Plaintiff’s vehicle.

2) Limit of liability, provided that the net H is the relative of the net G.

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