beta
(영문) 서울중앙지방법원 2015.10.20 2014가단88565

구상금

Text

1. The Defendant’s successor intervenor KRW 29,343,290 as well as 5% per annum from March 1, 2014 to May 2, 2014.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with B with the owner of A1 ton cargo vehicles of B (hereinafter “Plaintiff vehicle”). The Defendant is an insurance company that entered into a comprehensive automobile insurance contract with respect to the C Driving D Laun vehicle (hereinafter “Defendant vehicle”).

B. At around 17:56 on July 8, 2013, C driven the Defendant’s vehicle and stopped at the first lane of the instant accident location after the vehicle turned into the F station located in Chungcheongnam-gun E (hereinafter “instant accident location”) at the latest while driving one lane among the two-lanes of the national road at the speed of 80km as a countermeasure level in the ceiling. A tried to change the two-lanes to enter the E-entry screen, and it was obvious that the two-lanes of the instant accident location would be faced with the non-motor vehicle and the two-lanes in the latter location, and subsequently stopped at the first lane of the instant accident location.

C. G driven a H vehicle (hereinafter “one vehicle”) and stopped on the front side of the Defendant vehicle while passing the instant accident point, and subsequently stopped on the rear side of the Defendant vehicle. D. Then, while driving a J vehicle following the first vehicle (hereinafter “two vehicles”) while passing the instant accident point, G parked on the front side of the vehicle, while the former one vehicle stops rapidly.

E. However, while driving the Plaintiff’s vehicle and driving it in the instant case, B took action to report the sudden stop of one and two vehicles following the two vehicles, but did not avoid the vehicle, and concealed the rear part of the Plaintiff’s vehicle into the front part, and due to the shock, there was an accident where two vehicles are pushed down in the future and shocking the rear part of one vehicle (hereinafter “instant accident”), and as a result, B died, and the driver of the first and second vehicle was injured, and the damage was caused to the Plaintiff’s vehicle, the first and second vehicle, and the second vehicle.

(f).