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(영문) 서울중앙지방법원 2017.04.06 2015가단5099116
구상금
Text

1. The Defendant’s KRW 35,425,320 as well as the Plaintiff’s annual rate of KRW 5% from January 1, 2015 to August 13, 2015.

Reasons

1. Basic facts

A. B (B) purchased the Plaintiff’s “Daex Individual Automobile Insurance” from March 4, 2014 to March 4, 2015 with respect to the instant vehicle D (hereinafter “instant vehicle”) as the insured and with respect to the insurance period, from March 4, 2014 to March 4, 2015.

B. B around May 2013, at “E” operated by the Defendant, operated by the Defendant for the operation of the instant vehicle by hand so that the physically handicapped person can drive the instant vehicle, B was remodeled with a device installed by the buck in order to operate the buck in the future and to operate the xx in the future after the operation of the operation of the buck (hereinafter “instant buck equipment”).

The instant Handbrate equipment is fluorcing down metal to the operatorr, and brucing off the accelerator by separately connecting bruck and flucule with brucule onto metal, and flucule is connected to the flucule upper part of the flucule, and the metal and brucule connected to the operation of the brucule in the future where the bruculc is carried out by the brucule in the middle part of the bruccule, and the metal and brucule connected to the brucule, after the operation of the crucule, are cut up by fluculcing around the flucule at the center of the fluculc.

C. On September 8, 2014, around 10:35, 2014, B operated the instant vehicle in front of “G” located in Suwon-gu, Busan, and 30 meters away, and caused an accident that led to the backer of the H vehicle in the front bank while driving the instant vehicle in front of “G” located in the Suwon-gu, Busan.

(hereinafter “instant accident”). D.

B은 이 사건 사고 발생 당시 도로 주행 중 이 사건 핸드브레이크 장치의 조작레버를 앞으로 밀어 브레이크를 작동시켰으나 브레이크가 작동되는 도중 갑자기 엑셀레이터가 작동하여 차량이 튕겨나가면서 사고가 발생하였다고 주장하였다.

E. After the occurrence of the instant accident.

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