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(영문) 서울중앙지방법원 2018.04.17 2017나72470

구상금

Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The parties concerned are the insurer who has concluded each automobile insurance contract with respect to the vehicle A (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who has concluded each automobile insurance contract with respect to the vehicle B (hereinafter “Defendant vehicle”).

B. On March 25, 2016, around 07:43, the Plaintiff’s vehicle in the event of a traffic accident was followed by the Defendant’s vehicle, which is the preceding vehicle, on the ground that the Defendant’s vehicle runs slowly, while driving in the direction of Kim Jong-do as a two-lane (restricted speed of 80km/h) of the Domination of the Dominium in the Domination of Kim Jong-si on March 25, 2016, while driving in the direction of Kim Jong-si, the Plaintiff’s vehicle followed the Defendant vehicle on the ground that the vehicle, which is the preceding vehicle, walked around 18 seconds, and changed from the first lane to the second two-lane, and added the Defendant’s vehicle over two-lanes to the center separation zone.

Accordingly, the Defendant’s vehicle advanced the Plaintiff’s vehicle at a speed, changed the vehicle from the first lane to the second lane, and operated the two lanes before the Plaintiff’s vehicle, and led the Defendant’s front part of the Plaintiff’s vehicle to shock the back part of the Defendant’s vehicle on the front part.

(hereinafter “instant primary accident”). Since then, E Dump truck (hereinafter “dump truck”) parked along the two lanes behind the Plaintiff’s vehicle (hereinafter “instant dump truck”) had driven the Plaintiff’s vehicle stopped due to the instant primary accident into the side side of the Plaintiff’s two-lanes, and has driven down to the right side of the Plaintiff’s vehicle. However, while the Fump truck drivening along the two-lanes following the instant dump truck (hereinafter “instant dump truck”) was changing from the two-lanes to the first line to avoid the Plaintiff’s vehicle stopped on the two-lanes of the instant primary accident, the Plaintiff’s dump truck shocked to the front side of the instant dump truck to the right side of the instant dump truck, and shocked the Plaintiff’s vehicle into the front side of the Plaintiff’s left side side of the instant dump truck.

(hereinafter referred to as “the second accident”).