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(영문) 수원지방법원 안산지원 2018.07.19 2017가합10401
손해배상(기)
Text

1. The Defendants jointly share KRW 36,791,537 to Plaintiff A, KRW 38,880,467 to Plaintiff B, and KRW 25,194,358 to Plaintiff C.

Reasons

1. Basic facts

A. Plaintiff A is the husband of Party B, and Plaintiff B and C are the children of Party B, and Plaintiff A and Plaintiff B have the nationality of Japan, and Plaintiff C is the permanent resident of Japan and is living in Japan.

B. Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Sea”) is an insurer that entered into a comprehensive automobile insurance contract with Defendant D on FCM6 ( QM6) automobiles owned by Defendant D (hereinafter “W6”)

C. At around 11:03 on August 4, 2017, Defendant D: (a) driven a sea-going vehicle; (b) followed the E crossing the road to the left-hand side from the right-hand side of the Defendant D’s proceeding direction while he left-hand in accordance with one-lane of the national bank shooting distance from the north of the public parking lot for the central officetel of Ansan-si, Ansan-si.

(hereinafter “instant traffic accident”). D.

E, due to the instant traffic accident, died on August 6, 2017, while receiving medical treatment at the Korea University Ansan Hospital located in 123 as an installment savings in Ansan-si, Ansan-si, and the spouse and children of E were succeeded to the property of E.

(e) E was born at H and was 58 years old and 20 days old at the time of the accident.

F. Defendant Hyundai Sea paid KRW 9,838,040 to the medical expenses related to the instant traffic accident of this case, and Defendant D paid KRW 30,000,000 to the Plaintiffs under the pretext of criminal agreement.

[Based on Recognition] Unsatisfy, Gap evidence Nos. 1 through 10, 17, 20 through 23 evidence Nos. 2 through 5 (including each number in the case of additional numbers), Gap evidence Nos. 51, 52, Eul evidence No. 1 (including each number in the case of additional numbers), the purport of the whole pleadings, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion that E died due to the instant traffic accident by Defendant D, and Defendant Hyundai Sea is the insurer of the marine accident, and the Defendants are jointly and severally liable to compensate for the damages caused by the instant traffic accident.

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