beta
(영문) 서울중앙지방법원 2019.12.11 2019나39958

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. (1) On January 30, 2018, the Plaintiff’s vehicle: (a) around 10:29, on January 30, 2018, the three-lane road near the E-do (hereinafter “instant road”).

A) From the two-lanes, the Plaintiff’s vehicle was driven along the two-lanes. However, the Plaintiff’s vehicle is netly going along the bus’s side while driving along the three-lanes, and F (76 years old; hereinafter “victim”).

(i)This vehicle starts across its own marble and the front of the bus without permission, and the Plaintiff’s vehicle began to cross the vehicle without permission. The Plaintiff’s vehicle was the victim of his own marbling before the bus (hereinafter referred to as “first accident”).

), 피해자는 그 충격으로 1차로 쪽으로 튕겨나가 노면에 쓰러졌다. 2) 그로부터 약 1초 후 1차로를 후행하던 피고 차량이 노면에 쓰러져있던 피해자를 앞 범퍼로 덮쳤으나, 앞바퀴로 피해자를 역과하기 전에 급정지하였다

(3) According to the survey report on the actual condition of traffic accidents (Evidence B-2), the average speed of the Plaintiff’s vehicle at the time of the instant accident is about 37.1km/h, about 38.9km/h, and about 50.4km/h from the average speed of the Defendant’s vehicle at around 47.9km/h to the right edge of the instant accident. 4) The victim suffered from injuries, such as the mouth of the instant accident, the uppermost, the upper left edge of the instant accident, the 4.5 square meters, and the 50.4km/h from the 47.9km/h from the 47.9km/h, and the upper speed of the Defendant’s vehicle was presumed to have been at the hospital and other hospital after being hospitalized at the hospital and other hospital after being hospitalized. < Amended by Act No. 15069, Jan. 30, 2018>

C. The Plaintiff and the Defendant paid the insurance money.