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(영문) 수원지방법원 2015.09.16 2014가단65447
구상금
Text

1. The Plaintiff:

A. Defendant A is entitled to KRW 60,000,000, within the scope of the property inherited from the deceased C, and the same.

Reasons

1. Basic facts

A. Under the Guarantee of Automobile Accident Compensation Act, the Plaintiff is an insurer entrusted by the Minister of Land, Transport and Maritime Affairs with the business of compensation for victims of automobile accident compensation business and the vicarious exercise of the right to claim compensation for damages, and the network C is the driver of the instant unregistered Baba (hereinafter “the instant Obaba”), and the Defendants, as the parents of the network C, jointly inherited the property with the statutory inheritance portion.

B. On June 7, 2014, at around 04:12, the network C operated the instant Obaba, without a license, and led to the death of the F, which was on board the instant Obababa, by driving the instant Obaba, and driving in the reverse direction two-lanes of the Mabari-ri High-ri High-ri High-si, Mabari-ri, Sinpo-si toward the long distance of the Gubag-ri, Gosan-ri, a traffic accident leading to a collision between E-car and the fixed-faceh (hereinafter “instant accident”) driven by Nonparty D (hereinafter “the instant accident”).

C. As an entrusted insurer of the Guarantee of Automobile Accident Compensation Business, the Plaintiff calculated the total amount of damages sustained by the deceased F due to the instant accident as KRW 249,96,980 (i.e., direct non-payment of KRW 4,584,500 for funeral expenses of KRW 300,000 for funeral expenses of KRW 40,000 for solatium and KRW 202,412,480 for lost earnings due to death of KRW 40,000 for KRW 20,000 for the net F’s fault ratio of KRW 20%, and paid KRW 120,000 for the deceased F’s heir of the deceased F for the agreed amount on August 20, 2014.

[Grounds for Recognition] Unsatisfy, part of Gap 1-5 (including each number), images, and the purport of the whole pleadings

2. Judgment on the primary cause of the claim

A. The Plaintiff’s assertion Defendants are liable to compensate for the loss suffered by the networkF jointly because they failed to fulfill their duty to protect and supervise the network C as the parents of the network C, who are minors at the time of the accident. The Plaintiff is an entrusted insurer of the Guarantee of Automobile Accident Compensation Business, as the networkF’s heir.

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