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(영문) 서울중앙지방법원 2019.04.03 2017가단5201050
구상금
Text

1. The Defendant’s payment of KRW 21,60,000 to the Plaintiff is 5% per annum from September 30, 2017 to April 3, 2019.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each comprehensive motor vehicle insurance contract with respect to Drather vehicle (hereinafter, the Plaintiff’s vehicle), with respect to Drather vehicle (hereinafter, the Defendant’s vehicle).

B. At around 20:48 on July 25, 2015, E driven the Defendant’s vehicle, and driven the front road of the steel source in front of the steel source in the front of the steel base in the front of the road of the steel source in the front of the road of the river base in the front of the road, the front part of the road was shocked by a person who does not live well at the front right side of the said vehicle (hereinafter “victim”), and the victim went to the right side of the said vehicle, and immediately thereafter, the victim was her driving the Plaintiff’s vehicle, and the victim was killed due to a multiple prolonged damage during the transfer of the hospital.

(hereinafter referred to as "the accident of this case")

E was convicted of a fine of KRW 7 million due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents by the District Court 2016Ra183.

On December 9, 2016, H, a soldier on active duty, was indicted to a military court due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in relation to the foregoing accident, but was acquitted on the ground that “it is difficult to deem that the causal relationship between the death of a victim and the station of H is proven to the extent that there is no reasonable doubt.” While the military prosecutor appealed against the High Court for Armed Forces (2017No2), it dismissed the appeal on August 17, 2017 on the ground that there was no proof of a crime even in the High Court for Armed Forces (2017No23).

On November 11, 2015, the Plaintiff, as an insurer of the Plaintiff’s vehicle, paid KRW 72 million to the heir of the victim, and requested the Defendant, who is the insurer of the Defendant’s vehicle, to pay KRW 36 million, which is 50% of the amount paid, as the amount of reimbursement for the instant accident. Accordingly, the Defendant paid KRW 36 million to the Defendant on November 11, 2015.

E. H’s aforementioned criminal procedure general military court at the fifth group of the Criminal Procedure Act 2016 high-23.

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