beta
Text
1. The Defendant: KRW 36,477,952 for the Plaintiff and KRW 5% per annum from March 25, 2016 to January 16, 2018; and
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On October 2, 2015, around 17:45, 2015, the driver of the Plaintiff’s vehicle caused an accident that caused C, the driver of the Plaintiff’s vehicle was running along the two-lanes of the luminous-dong Yanyang-dong Yanyang-si, in the vicinity of the center, along one-lanes of the two-lanes of the luminous-dong Yanyang-dong Yan-dong, resulting in an accident where C, the driver of the Plaintiff’s vehicle was making a sudden stop and shock of the rear part of the
(hereinafter referred to as “the primary accident”). After the first accident, the driver of the Defendant vehicle following the Plaintiff vehicle also caused an accident that shocks the rear part of the Plaintiff vehicle (hereinafter referred to as “the second accident”).
As a result of the instant accident, D, the winner of the Plaintiff’s vehicle, suffered injuries, such as damage to the number of scambling, etc., and the Plaintiff paid D totaling KRW 45,597,440,00, in total, from October 26, 2015 to March 24, 2016, as medical expenses, partial damages, etc.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4, 8 through 10, 17 and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) At the time of the first accident caused by the Plaintiff’s driver, D, who is the seat of the Plaintiff’s vehicle, was not likely to inflict injury on the Plaintiff’s passenger, because the shock was insignificant, and D, due to the second accident that the Defendant’s driver caused the Defendant’s breach of the duty to ensure a safe distance, the damages incurred to D are attributable to the Defendant’s previous negligence. Accordingly, the Defendant is obliged to pay the Plaintiff the Plaintiff a reimbursement amount of KRW 45,597,440, which is equivalent to the insurance money that the Plaintiff paid to D, and the damages incurred therefrom. 2) The Defendant’s driver is obligated to keep the Plaintiff’s vehicle in front and safe distance.