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(영문) 수원지방법원 2017.10.18 2016나55902
구상금
Text

1. Of the judgment of the court of first instance, the Defendants amounting to KRW 48,110,196 and the Defendants’ joint and several costs from July 4, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer that entered into an automobile comprehensive insurance contract with respect to the vehicles of the head of the Ding KZ (hereinafter “Plaintiff vehicle”) owned by C during the insurance period from April 16, 2015 to April 16, 2016, with respect to which KRW 110 million is the damage of its own vehicle, and the Defendant A is the driver of the E35 passenger bus (hereinafter “Defendant vehicle”), and the Defendant B is the owner of the Defendant vehicle and the Defendant A’s user.

B. Around 09:00 on May 23, 2015, F: (a) driven the Plaintiff’s vehicle and entered into a multi-section in the Central Highway in the direction of Chuncheon (hereinafter “the primary accident”); (b) in the tunnel, the vehicle of Defendant A, who was following the Plaintiff’s vehicle, carried his/her surviving family members and followed the Plaintiff’s order (hereinafter “the second accident”); and (c) the Defendant’s vehicle of Defendant A, who was following the Plaintiff’s vehicle, was killed in the rear of the Plaintiff’s vehicle (hereinafter “the second accident”); and (b) the said first and second accidents together, hereinafter “the instant accident”).

In the event of the instant accident, when the front, rear, and special account books, etc. of the Plaintiff’s vehicle were cut off and damaged as a whole, C filed a claim against the Plaintiff for the insurance proceeds for self-vehicle damage. Accordingly, as a result of the Plaintiff’s damage assessment, C had the value of the Plaintiff’s vehicle at the time of the accident, which exceeds KRW 112,790,000,000, and the expected repair cost exceeds KRW 110,000,000,000,000, which would not be secured even if the repair was performed, the Plaintiff decided to dispose of the Plaintiff’s vehicle by hand, and paid KRW 18,60,000 to C by July 3, 2015, and acquired the Plaintiff’s vehicle with the remainder of KRW 13,370,00,000,000 as the insurance proceeds for self-vehicle damage.

[Reasons for Recognition] Evidence Nos. 1 through 7, Evidence Nos. 1-1 to 4, the purport of the whole pleadings

2. Determination

A. According to the above recognition of the occurrence of the liability for damages, the second accident by the defendant A, who is the driver of the defendant vehicle.

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