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(영문) 서울중앙지방법원 2018.07.24 2018나24690
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The fact of recognition is that the Plaintiff is a mutual aid business entity who has entered into a motor vehicle mutual aid agreement with respect to the motor vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a motor vehicle mutual aid agreement with respect to the B bus B (hereinafter “Defendant”).

Around 14:05 on March 18, 2017, the Defendant’s vehicle conflict with C-si (hereinafter “S-si”) in which the left side of the vehicle is operating three lanes on the other side of the vehicle while driving a four-lane in the middle of the four-lane.

Accordingly, the front part of the Plaintiff’s vehicle, which stopped on the job, which is the non-party vehicle, was followed by the non-party vehicle, was shocking the front part of the non-party vehicle (hereinafter “instant accident”).

In the instant accident, D, who was aboard the Non-Party vehicle, was injured. The Plaintiff, a mutual aid business entity of the Plaintiff’s vehicle, paid D 112,830 won of business shutdown damages, 305,660 won of business shutdown damages, and 837,170 won of future medical treatment expenses, and 1,405,660 won of consolation damages.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 7, Eul evidence Nos. 2 and 3, video, the purport of the whole pleadings

2. According to the above fact-finding, the accident of this case is deemed to be caused by the negligence of the driver of the plaintiff vehicle and the driver of the defendant vehicle, in light of the fact that the driver of the vehicle in this case is obliged to safely drive the vehicle on the part of the vehicle while driving the vehicle in the front line, despite the safe driving of the vehicle in the front line in order to prevent the accident from occurring, and that the driver of the vehicle in this case caused the collision between the driver of the vehicle in this case and the driver of the vehicle in this case, and the defendant who is the insurer of the vehicle in this case, is also the driver of the plaintiff vehicle in this case.

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