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(영문) 전주지방법원 2017.09.20 2016가단11860
구상금
Text

1. The Defendant’s KRW 125,102,250 for the Plaintiff and KRW 5% per annum from January 20, 2016 to May 18, 2016.

Reasons

1. Facts of recognition;

A. On January 29, 2015, the Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with B and C with respect to vehicles.

The insured of the above automobile insurance contract includes D(hereinafter referred to as “the deceased”) which is a child of B, and the category of security includes a non-life insurance security agreement (in the event that the insured died or died due to an accident caused by an automobile not subscribed to B or a mutual aid agreement, an insurance contract which provides compensation on behalf of the person liable for damage) up to KRW 200 million per person.

B. On November 24, 2015, around 03:35, the Defendant: (a) driven a FM5 car owned by the Defendant’s spouse (hereinafter “instant vehicle”); (b) followed the deceased’s right-hand part of the front line of the instant vehicle into the front line of the front line, which was located in 18-9, Jinjin-gu, Jinjin-gu, Seoul; and (c) followed the National Highway No. 26, which was located in 18-9, Jinjin-gu, Jin-gu, Seoul, at the right-hand speed from the front line of the instant vehicle, at approximately 90km from the front line to the front line of the instant vehicle; (d) discovered the deceased who was walking along the right-hand side of the instant vehicle to the front line of the instant vehicle; and (e) died of the deceased due to brain-dead, etc.

(hereinafter referred to as “instant accident”). C.

(1) The Plaintiff paid KRW 225,102,250,000 (i.e., KRW 186,702,250,000 for funeral expenses of KRW 186,702,250 for lost income) to B, the father of the deceased, who is the father of the deceased, for non-life-free insurance, KRW 200,000,000,000 (i.e., KRW 186,702,250 for lost income). (ii) On January 15, 2016, the Plaintiff returned KRW 100,000 from Hyundai Marine Fire Insurance Co., Ltd., a liability insurer of the instant vehicle, to return KRW 100,000,000.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 6, 7, 8, Eul evidence 1 to 10 (including paper numbers), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The instant accident involving the Defendant’s liability for damages against the Deceased does not constitute a streetlight at night by driving the instant vehicle.

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