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(영문) 서울남부지방법원 2017.12.19 2016가단203975
구상금
Text

1. The Defendants jointly share KRW 56,700,000 with respect to the Plaintiff, and 5% per annum from July 1, 2014 to December 19, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) for the Plaintiff’s vehicle A (hereinafter “Plaintiff”), and the Defendant Korea Highway Corporation installs and manages the structure of this case as described below.

B. The background of the instant accident (1) around 14:30 on February 21, 2014, the Defendant’s vehicle proceeded at a speed of about 100km per hour, depending on five lanes, which are the changeable one, at a point where the parallel line 372 km away from the Jinok-ri Highway, Nam-si, Seoul Metropolitan City, is located at a speed of about 100km.

(2) However, as a ton cargo loaded around about 20 to 30 meters prior to the Defendant’s vehicle (hereinafter “the instant structure”), the plastic structure installed below the right soundproof wall of the variable (hereinafter “instant structure”) was invaded in the street form by at least 50 percent of the variable, immediately after the said vehicle passes through the said branch.

(3) In order to avoid the collision with the instant structure, the Defendant’s driver operated the steering gear rapidly to the port, and accordingly, the Defendant’s vehicle lost its center, runs over three lanes in the shape of rhythm and rhythm and 5 lanes, with a strong distance of 5 to 6 lanes, and stopped on the five-lanes after rapidly changing its direction.

(4) At that time, the driver of the Plaintiff’s vehicle driving along the three-lanes on the said expressway discovered that the Defendant’s vehicle runs along the four-lanes and the five-lanes, changed the two-lanes, and the Defendant’s vehicle that lost control power following the change of the two-lanes was clicked with the three-lanes.

(5) Accordingly, the driver of a bus driven on the rear side of the Plaintiff’s vehicle (hereinafter “non-party bus”) was rapidly operated to avoid a collision with the Plaintiff’s vehicle, but it did not reach the part of the non-party bus fronter.

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