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(영문) 서울중앙지방법원 2015.11.25 2014가단5311697
구상금
Text

1. The Defendant A and B jointly share 181,819,166 won and the Defendant (Counterclaim Plaintiff) Samsung Fire Marine Insurance.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with C with DK5 vehicles (hereinafter “Plaintiff”), and the Defendant Samsung Fire & Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) with the Defendant as to the “EM automobiles” (hereinafter “Defendant Samsung Fire”). The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the Defendant, including the special terms and conditions for automobile driving security (if the insured suffered damage as a result of a personal accident or a physical accident that occurred during the operation of another vehicle, deeming the other vehicle driven by the insured as an insured vehicle as stipulated in the common terms and conditions (excluding liability for damages in large person I) and compensate in accordance with the common terms and conditions). Defendant B is an owner, and the Defendant is an non-insured vehicle that did not enter into a comprehensive automobile insurance policy.

B. On April 20, 2013, around 23:56, the occurrence of the instant accident and around 23:56, Defendant A: (a) changed the course of the Plaintiff’s vehicle into the safe place of the vehicle in order to overtake the Plaintiff’s vehicle at a speed of about 100 kilometers per hour, along with the two-lanes of the pressure zone in Seongdong-gu, Seongdong-gu, Seoul, along with the two-lanes of the pressure zone; (b) while driving the Defendant’s vehicle on the part of the Defendant B at a speed of about 100 kilometers per hour, Defendant A discovered that the Plaintiff’s vehicle was passing through the Defendant vehicle after the entry of the same zone after the passage of the said vehicle; and (c) led to the decrease of the two-lanes near the south of the same zone; and (d) changed the course of the Plaintiff’s vehicle in order to overtake the Plaintiff’s vehicle by using such difference, and entered the two-lane as is.

At the time, the above location was at the speed of 60 kilometers per hour, where the vehicle driven as a bend road by the speed of 60 kilometers per hour was likely to be pushed down from the two lanes to the one-lane by the court below's ability.

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