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(영문) 서울중앙지방법원 2016.04.29 2015가단5294836
구상금
Text

1. The Defendant’s KRW 157,574,00 for the Plaintiff and KRW 5% per annum from June 4, 2015 to April 29, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established for the purpose of contributing to the stabilization of the livelihood and the enhancement of the welfare of public officials and their bereaved families by paying benefits for the retirement, death, injury incurred on official duty, etc. under the Public Officials Pension Act. The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with A (hereinafter “instant vehicle”), and C is a police officer belonging to the ASEAN Provincial Police Agency.

B. C, along with D, arrived at the site on January 31, 2015, in the area from 305.1km to 282km in Busan, and around 05:31 on January 31, 2015, at the second line at a point of 316 km (hereinafter referred to as 316 km Highway) and arrived at the site under the order of a stop where trr and trr are separated due to breakdown, and stopped the patrol vehicle at the end of 100 meters from tr and stopped at the end of 60 meters from trh to the later end of 60 meters from the patrol vehicle to take safety measures by carrying out safe operation.

C. A, around 06:00 on the same day, driven the instant vehicle in the first line among the three-lanes with the speed of 110 km at a speed of 116 km.

그 때 2차선에서 100 내지 200m 앞서 진행하던 트레일러 차량이 1차선으로 진로를 변경하여 진행하자 A은 1차선에서 2차선으로 진로를 변경하여 진행하다가 2차선에서 안전조치를 취하던 C을 이 사건 차량 앞부분으로 충격하였고, 위 충격으로 C이 2차선에서 갓길 쪽으로 튕겨져 나가 바닥에 떨어졌다.

C suffered an injury by telegraph due to the shock, and was sent to a hospital and received an emergency treatment, and died due to low-blood shocks, etc. on the same day.

The Plaintiff deducted the amount of KRW 40,00,000, which was paid to the bereaved family members of C who suffered the said injury due to the foregoing traffic accident in the course of performing official duties, from the amount of KRW 197,574,000 for bereaved family members who died on duty under the Public Officials Pension Act on June 3, 2015.

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