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(영문) 서울중앙지방법원 2018.07.04 2017나88222
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Facts of recognition

A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with respect to Ak Star bus vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to B chartered bus vehicles (attached Form No. 12 of each accident site; hereinafter “Defendant vehicle”).

B. 1) On February 11, 2015, around 09:39, the Plaintiff’s vehicle stopped and stopped D Trucks (No. 9 of the attached Form No. 8 on each site of accident) at the front section of the vehicle while driving a two-lane of the upper intersection road of the New Airport Highway (12.9km to 14.1km) in Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon (hereinafter “instant accident”). On February 11, 2015, the Defendant’s vehicle following the Plaintiff was shocking the lower part of the Plaintiff’s vehicle in front of the Defendant vehicle (hereinafter “instant accident”).

2) In the instant accident, the front part of the Plaintiff’s vehicle was shocked by the front part of the Plaintiff’s vehicle No. 9 and the front part of the EKaman vehicle (attached Form No. 11 on each site of accident). Then, the lower part of the Fraon vehicle (attached Form No. 15 on each site of accident) was shocked.

The 9th vehicle was also pushed by the shock, and the 8th vehicle was shocked again.

3) On the other hand, G towering vehicle (No. 18 of the level of each accident site) was pushed down due to the subsequent event, and shocked the back part of the Plaintiff’s left side of the vehicle. 4) The approximate developments leading up to the said subsequent accident are as follows: (a) as shown in the summary of each accident site; and (b) as a result of the said subsequent accident, K, the driver of the Plaintiff’s vehicle, H, I, J, and 9, suffered injury.

C. From April 30, 2015 to November 24, 2016, the Plaintiff paid KRW 28,605,340 ( KRW 17,921,320, KRW 17,17,620) for medical expenses for H, I, and J, who is the seater of the Plaintiff’s vehicle, and KRW 9,50,000, KRW 17,921,320, KRW 17,620).

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