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(영문) 서울중앙지방법원 2019.12.11 2019나25096
구상금
Text

1. The part of the judgment of the court of first instance against Defendant B and D Federation is revoked, and the revocation part is revoked.

Reasons

1. Basic facts

A. The Plaintiff entering into an insurance contract is an insurer who entered into an automobile insurance contract with K and Lcar (hereinafter “Defendant C”), with respect to E and Fcar (hereinafter “Defendant B I”), and with respect to the Defendant B and Hcar (hereinafter “Defendant B”), the Defendant C is an insurer who entered into an automobile insurance contract with K and Lcar (hereinafter “Defendant C”). Defendant D is a mutual aid insurer who entered into an automobile insurance contract with the Defendant with respect to M and Nsi (hereinafter “Defendant cab”); and all the Defendants’ vehicles together are “Defendant cab”;

B. (1) On September 26, 2016, E is the victim R (hereinafter referred to as “victim”) at the front bank while driving the Plaintiff’s vehicle on September 19:17, 2016 and driving the front road of the Pmedical Center located in the Incheon Dong-gu, Incheon at a speed of about 73 km to Q sales outlet.

) Since crossing the right side on the left side of the proceeding direction, it neglected the duty of care to reduce speed and prevent the accident by accurately manipulating the brake system, and caused the damage to the front part of the Plaintiff’s vehicle (hereinafter “the first accident”). Thereafter, S driving the Defendant BI vehicle was on the part of the victim’s bridge which was used in the second lane due to the first accident around 19:17 of the same day, and following Defendant C driver T driver of the Defendant C vehicle, Defendant B driver K followed each victim’s body part, and Defendant B driver M was on the part of the victim’s body part at around 19:19 of the same day (hereinafter “the second accident”). After the first accident, the Defendants were “the second accident” and the first and second accidents collectively referred to as “the instant accident”).

2) The victim died of the instant accident due to two pellley fever at the place where the said accident occurred.

C. On October 7, 2016, the Plaintiff paid KRW 46 million to the injured party as damages for the instant accident.

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