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(영문) 서울중앙지방법원 2018.12.19 2018나57157

구상금

Text

1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff against the defendant B, which ordered payment under the following 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff”). The Defendant Federation is an insurer who has entered into an automobile mutual aid contract with respect to E vehicles (hereinafter “Defendant Federation”). The Defendant C is an insurer who entered into an automobile insurance contract with respect to F vehicles (hereinafter “Defendant C vehicles”).

B. On April 20, 2015, around 01:28, the vehicles of the Defendant Federation moved at a speed of about 136 km at the speed of about 136 km the three-lanes of the road, which is four-lanes of the Busan metropolitan highway near the Daejeon Seo-gu Incheon Metropolitan City (hereinafter referred to as “small-type vehicles”) and shocked the front part of the vehicles of the Defendant Federation (hereinafter referred to as “the instant first accident”), and the instant first accident, the vehicles of the Defendant Federation stopped on the said one-lane of the said road, and the vehicles of the Defendant Federation stopped on the two-lanes of the said road.

C. After the occurrence of the instant first accident, the Defendant C’s vehicle driven at a speed of about 101 km per hour after the lapse of 40 seconds, and discovered the vehicles of the Defendant Federation that stopped as above and changed the three-lane to avoid the collision with the vehicles of the Defendant Federation.

Plaintiff

On the rear side of the Defendant C vehicle, the vehicle driven the two lanes of the said road at a speed of about 137 km per hour, and as above, in order to avoid the Defendant C vehicle that was making a change of the lane, the vehicle turned the left side of the vehicle of the Defendant Federation, which was stopped as above, into the front part of the Plaintiff vehicle.

(hereinafter “instant secondary accident”). D.

Meanwhile, after the occurrence of the second accident in this case, H is presumed to have been found on the front road of the Defendant Federation after the occurrence of the second accident in the vehicle of the Defendant Federation, and at the time of the discovery, at the time of the death.

(e).