(영문) 서울중앙지방법원 2020.10.15 2020가단5013345

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.10.15 2020가단5013345

구상금

Text

The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a mutual aid agreement with C Freight Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with D Freight Vehicles (hereinafter “Defendant”).

B. On February 18, 2019, at around 03:10, the Plaintiff’s vehicle stopped at a point 175 km along the border road from the Gu-U.S. to Kimcheon-section (hereinafter “instant primary accident”) due to an accident in which the remaining part of the Defendant’s vehicle stopped on the left side of the Plaintiff’s vehicle was driven on the front right side of the Plaintiff’s vehicle (hereinafter “instant primary accident”), and due to its shock, the Plaintiff’s vehicle stopped rhyms over three lanes and four lanes. On the other hand, in order to avoid the Plaintiff’s vehicle stopped on a four-lane-lane road (hereinafter “non-party vehicle”), but it did not reach the three-lane line but caused an accident in which the part on the left side of the Plaintiff’s vehicle was parked (hereinafter “the instant second accident”).

As a result, the driver of the non-party vehicle caused damage to the non-party vehicle (including the part of the bitler), the container of the plaintiff vehicle, the container of the plaintiff vehicle, and its loaded goods.

C. The Plaintiff paid 25,035,000 won as compensation for the personal damage of Nonparty 1’s driver of Nonparty 2,580,070 as compensation for the personal damage (i.e., 22,435,000 won for the substitute part of the hedged part), and 47,421,794 won as compensation for the substitute part of the Plaintiff’s vehicle (i.e., 43,121,794 won for the substitute part of the container (i., 43,121,794 won for the substitute part of the container). A total of 74,036,864 won (i, 580,070 won for the substitute part of the container) (ii), 25,035,000 won for the substitute part of the container, 47,421,794 won as mutual aid.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination on the cause of the claim.

유사 판례

-서울중앙지방법원 2017.10.25 2017나20257

-서울중앙지방법원 2019.05.10 2017가단5245463

-서울중앙지방법원 2017.09.27 2017나17404

-청주지방법원제천지원 2016.04.27 2015가단294

-대구지방법원 2019.05.16 2018나8178