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(영문) 서울중앙지방법원 2017.09.08 2016가단5000779
구상금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

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

B. On July 12, 2015, around 4:25, in the vicinity of the JCT, a fluoral drilling accident occurred in the vicinity of the Young-dong Highway (Haak-dong Expressway) 87.2K, and the details of the accident are as follows.

(hereinafter “instant accident”. (1) The C Bus (attached Form 52; hereinafter “first shock bus”) proceeding with the opposite direction of the road near the instant accident, was stopped due to the damage caused by the wave that occurred due to the shock that occurred by shocking the central separation zone, while the C Bus (attached Form 5; hereinafter “first shock bus”) proceeding with the two-lanes of the river (attached Form 003 vehicles indicated on the site of the accident; hereinafter “small vehicle”) was stopped in order to tow the vehicle at the site of the accident, and the E towing vehicle (attached Form 001 vehicles indicated on the site of the accident, and hereinafter “string vehicle”) stops in order to tow the other vehicle at the site of the accident.

(2) The driver of the Plaintiff’s vehicle (attached Form No. 2) and the driver of the vehicle charged the towing vehicle with the towing vehicle by finding it late, and then charged the towing vehicle with the towing vehicle, and due to the shock, the towing vehicle was pushed ahead again while the towing vehicle was pushed in the future.

The first accident is referred to as "the first accident".

(3) (3) While the Defendant’s vehicle (attached Form No. 1 driver of the vehicle in the site of accident) is proceeding in two lanes, the Plaintiff’s vehicle, etc. entered into the middle separation zone, and then discovered the Plaintiff’s vehicle late and parked the vehicle, etc., and due to its shock, the Plaintiff’s vehicle was pushed ahead of the vehicle in the future while pushing the Plaintiff’s vehicle in the future, and the towing vehicle was shocked by the shock, and the towing vehicle was towed by the shock.

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