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(영문) 대전지방법원 2020.07.23 2019나119693
구상금
Text

1. Of the judgment of the court of first instance, KRW 10,672,00 against the Plaintiff and its related amount from December 21, 2018 to July 23, 2020.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded an automobile insurance contract with respect to the E vehicle (hereinafter “Defendant vehicle”).

B. Around 10:10 on November 17, 2018, the driver of the Plaintiff’s vehicle stopped from a point of 342.3km to a second line on the right side of the F vehicle in front of the vehicle and stopped in the first line.

Afterward, the defendant vehicle, which was placed behind the plaintiff vehicle, stops rhythming the front side of the plaintiff vehicle with the right side of the plaintiff vehicle, and the plaintiff vehicle was pushed ahead with the front side of the speed bus driven on the first line. On the wind, the plaintiff vehicle fell short of the right side side of the speed bus driven on the first line.

이 충격으로 원고 차량이 다시 3차선 쪽으로 튕겨나가면서 3차선에서 주행 중인 차량의 좌측측면부분을 충격하였다

(hereinafter “instant accident”). A fire occurred on the Plaintiff’s vehicle due to the instant accident, and the Plaintiff’s vehicle was replaced.

C. On December 20, 2018, the Plaintiff paid KRW 13,340,000 to the self-insurance proceeds arising from the instant accident in accordance with the automobile insurance contract regarding the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries or images of Gap evidence 1 to 8, the purport of the whole pleadings

2. Summary of the assertion

A. According to the black images taken at the time of the collision of the Plaintiff, the Plaintiff’s vehicle stops after leaving the front vehicle insignificantly, but the Defendant’s vehicle stops at a very rapid speed without keeping the safety distance.

Plaintiff

차량을 충격하고도 정차하지 못하고 앞으로 나가는 것을 알 수 있는바, 피고 차량이 원고 차량을 추돌하여 원고 차량이 튕겨나가면서 다른 차량들과 연쇄적으로 충돌하면서 원고 차량의 화재가 발생한 것이므로 이 사건 사고에 있어 피고...

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