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(영문) 광주지방법원 2018.04.04 2017가단531326
구상금
Text

1. The Defendant KS insurance Co., Ltd.: (a) the amount of KRW 8,314,501 and the amount of said KRW 8,314,501 to the Plaintiff, from May 27, 2016 to April 2018.

Reasons

1. Facts of recognition;

A. With respect to Non-Party A and B halog car (hereinafter, No. 1), the Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with respect to Non-Party C’s car driving. The Defendant Co., Ltd. (hereinafter, the Defendant Company) is an insurance company that entered into a comprehensive automobile insurance contract with respect to Non-Party C’s car.

The defendant National Freight Trucking Association (hereinafter referred to as the "Defendant Federation") is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with the non-party E in relation to the F Freights (hereinafter referred to as the "Secondarys").

B. On December 4, 2014, A driven the first vehicle around 06:30 on December 4, 2014, and discovered that, while driving along the 64.3km point of the west Sea Highway Seoul ( upper line) located in the Gyeongwon-gun, Gowon-gun, Chungcheongnam-gun, the driver found that the driver stops in the front line while driving along the 64.3km point.

A, in order to avoid sub-cars, changing a two-lane to a two-lane, and the latter part of the second vehicle which was stopped on the side of the two-lanes conflict with the front side of the first vehicle.

(hereinafter referred to as "the accident of this case")

From February 12, 2015 to May 26, 2016, the Plaintiff, as the first insurance company, paid the insurance proceeds of KRW 55,430,010, including the total amount of KRW 25,80,000 for damages, KRW 11,565,010 for medical expenses, and KRW 17,865,00 for vehicle total damages and fees.

The daily outing hours in the vicinity of the accident area was 07:26 hours, and the minimum temperature was 2.5 degrees, and the weather condition was 5.5 meters prior to the accident and 16 meters prior to the accident.

마. 이 사건 사고 직전 E은 제2차를 운전하여 사고 장소를 지나던 중 뒤에서 ‘퍽’하는 소리가 나서 후행하는 차량이 제2차의 후미를 추돌한 것으로 생각되어 제2차를 갓길에 주차하고 내려 차량 상태를 확인하였다.

E confirmed that there is no error in the second part, but finds out that a small-scale car operating one lane stops and stops the central separation zone, and a small-scale car is a side with C, which is its driver.

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