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(영문) 서울중앙지방법원 2015.09.10 2015가단5001249
구상금
Text

1. The Defendant: KRW 61,883,904 for the Plaintiff and KRW 5% per annum from November 11, 2014 to September 10, 2015; and

Reasons

1. On November 26, 2011, the Defendant: (a) driven a bicycle at around 16:50 on the south-si, Hoyang-si; (b) obstructed a five-lane road from the 518-lane Ho-dong, Hoyang-si, to the center line in front of the etroke-dong 518; and (c) proceeded in two-lanes along the parallel parallel from the erogical apartment room to the erogical boundary from the erogical high school; and (d) proceeded in two-lanes from the erogical apartment room to the erogical boundary; and (e) driven by B along the one-way road from the erogical apartment room to the erogical intersection; and (e) caused an accident that conflict between the front-hand part of the c 25 tons truck (hereinafter referred to as “Plaintiff’s vehicle”) and the left-hand part of the bicycle driven by the Defendant.

hereinafter referred to as the "accident of this case"

2) In the instant accident, D, the passenger of the said bicycle, was seriously wounded. The Plaintiff, who entered into a comprehensive motor vehicle deduction agreement with the Plaintiff, the Plaintiff, the owner of the Plaintiff, with respect to the Plaintiff’s vehicle, paid KRW 103,139,840 as medical expenses and other damages to D, the victim of the instant accident, during the period from March 30, 2012 to October 31, 2014. The Plaintiff, who was the victim of the instant accident, did not have any dispute as to the ground for recognition, was paid KRW 103,139,840 as medical expenses and other damages.

2. The judgment of the court below caused the accident of this case by negligence while driving along the road. The plaintiff is the insurer of the plaintiff's vehicle driven by the plaintiff B, who is the joint tortfeasor of D, and has exempted the defendant, who is the joint tortfeasor, from liability. Thus, the plaintiff can claim for the portion exempted from liability to the defendant.

Since the bicycle driven by the defendant falls under the "motor vehicles and horses" as prescribed by the Road Traffic Act, it is necessary to pass along the right side of the road where the central line is installed, the accident of this case occurred while driving along the station, and the one-way road where the entry prohibition sign is installed is entered.

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