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(영문) 서울중앙지방법원 2020.07.10 2019나71426
약정금
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

1. The facts delineated below can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 to 9, Eul evidence Nos. 1 and 2 (including a serial number; hereinafter the same shall apply) without dispute between the parties, or in full view of the purport of the whole pleadings.

The Plaintiff is a mutual aid business entity that has entered into a mutual aid contract for the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), and the Defendant is an insurer that entered into a comprehensive automobile insurance contract for D vehicle (hereinafter “Defendant’s vehicle”).

B. On June 30, 2012, E, the driver of the Plaintiff’s vehicle, driven the Plaintiff’s vehicle on or around 09:40 on June 30, 2012, and proceeded at a point of 352.9km in the central highway located in the Dong-gun, Hongcheon-gun, Hongcheon-do, Busan-do, at the level of about 90km each hour according to the two-lanes of the said road.

At the time, it was difficult to cut off the lower surface, and there was a two-lane central expressway, trimmy tunnel straight line, which led to the duty of care to reduce speed in advance and accurately operate the brake and steering gear so as to prevent the accident. However, the driver of the Plaintiff’s vehicle, while neglecting this, is driving the Plaintiff’s vehicle in his/her care, is unbandted into the upper right part of the above vehicle’s right-hand part of the road, the driver of the Plaintiff’s vehicle fell into the upper right-hand part of the running direction, and then the right-hand retaining wall of the tunnel was shocked into the upper right-hand part of the right-hand part of the road, and then the vehicle reshed the right-hand retaining wall of the running direction with the upper right-hand part of the upper right-hand part, and reed the upper right-hand retaining wall of the road, and reed into the upper right-hand part of the road, and e.

(1) (1) The F, a driver of the Defendant vehicle, was driving the Defendant vehicle and driving the vehicle along the two-lanes following the road, and the vehicle was changed to the two-lanes, and the driver of the Defendant vehicle did not discover and shock the Plaintiff vehicle in the front line as above.

(2) The second accident, hereinafter referred to as the “instant accident”).

Plaintiff

G, H, I, J, K, L, M, which is a passenger of the vehicle.

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