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(영문) 서울중앙지방법원 2018.03.14 2017나80501
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. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings on the images of Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 3, and evidence Nos. 3.

The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to a sealed vehicle A (hereinafter referred to as “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to the Company B (hereinafter referred to as “Defendant”).

B. On May 15, 2016, at around 00:38, C driven the Defendant’s vehicle, and proceeded with the first lane of the end road of the city area lower than the end road of 138 (Guro-Dong-dong), which is located in Guro-gu, Seoul, Guro-gu, Seoul, into the luminous slope, from the bank of the Guro Police Station, and changed the two-lane to the right e-si (hereinafter “victim”) leading to the southwest circulation. At the same time, at the second lane, C driven the E-si (hereinafter “victim”), but at the same time, D parked the damaged vehicle in order to reduce the speed between the instant vehicle and avoid collision.

The plaintiff vehicle was in progress after the damaged vehicle, and the F, the driver of the plaintiff vehicle, did not stop the plaintiff vehicle, and did not match the back part of the damaged vehicle, which was immediately parked, with the front part of the plaintiff vehicle.

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

The Plaintiff paid insurance proceeds of KRW 1,701,980 in total, including KRW 90,00 on July 7, 2016, KRW 711,980, and KRW 90,000 on May 27, 2016, as damages for the medical expenses of drivers of damaged vehicles due to the instant accident.

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i) the instant accident occurred as the Defendant’s driver’s negligence on the following grounds: (a) the Defendant’s vehicle attempted to change the vehicle on the two-lane one another; (b) the damaged vehicle was fasted to avoid a collision; and (c) the Plaintiff’s vehicle following the damaged vehicle did not stop, resulting in a collision.

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