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(영문) 전주지방법원 2020.05.20 2019나5591
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant shall make the plaintiff 529.

Reasons

1. The plaintiff's assertion that the defendant's vehicle stopped rapidly in order to make a right-hand at the intersection, and the damaged vehicle driven behind it was making a sudden stop, and the plaintiff's vehicle was receiving the back part of the damaged vehicle due to the front part, so there is negligence on the defendant.

The defendant is obligated to pay 1,58,800 won (5,296,000 won for physical damage paid to the damaged vehicle x 30% of the defendant's negligence) equivalent to his/her own fault ratio to the plaintiff.

2. Facts of recognition;

A. The Plaintiff is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with limited liability companies D regarding E (the treatment 25 tons of cargo trucks, hereinafter “Plaintiff vehicle”). The Intervenor joining the Defendant is an insurer who entered into a motor vehicle insurance contract with the Defendant regarding F (the franchise; hereinafter “Defendant vehicle”).

B. On August 21, 2018, the Defendant driven the Defendant’s vehicle on August 14:20, 2018, and driven the Defendant’s vehicle, one lane from the three-lane road near the Yancheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, to the raw-distance flood protection area from the lower bank distance off the lower bank, operated the direction direction, etc. and stopped in order to pass the lower bank’s play park toward the lower bank.

G, which was driven behind the same lane (hereinafter referred to as “victimd vehicle”), was parked in the same lane with the safety distance secured by the suspension of the Defendant’s vehicle.

After that, the plaintiff was driving the vehicle, but the back part of the damaged vehicle was received from the front part of the plaintiff vehicle.

(hereinafter referred to as “instant accident”). C.

On September 5, 2018, the Plaintiff paid KRW 5,296,00 as physical damages for damaged vehicles.

[Reasons for Recognition] Evidence Nos. 2, 3, 4, Eul No. 1, the purport of the whole pleadings

3. Determination

A. Relevant Regulation 1) Article 19 of the Road Traffic Act (1) (such as securing safety distance) shall apply to the driver of any motor vehicle following the motor vehicle traveling in the same direction.

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