logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.07.24 2019나51323
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid under paragraph 2 below shall be revoked.

2...

Reasons

1. The reasoning of this part of the judgment on the basis of recognition is as stated in the judgment of the court of first instance, except for adding the respective descriptions of Gap evidence Nos. 1-4, Gap evidence Nos. 6, 9, Eul evidence Nos. 1-5 (including additional numbers), Eul evidence Nos. 1-B and 1-2, and the overall purport of arguments. Thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The grounds for this part of the parties’ assertion are the same as the corresponding part of the judgment of the court of first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act

B. (1) The judgment of the court below is reasonable in light of the relevant legal principles, in a case where a towing accident occurred by a motor vehicle following a stop on an expressway without taking safety measures on the expressway due to an accident, etc., the subsequent driving vehicle may collision with prior vehicles and even if the prior driving vehicle could take safety measures after stopping due to a stop without taking safety measures, and there is sufficient causation between the subsequent driving vehicle and the accident resulting from the subsequent driving vehicle's failure to take safety measures due to the occurrence of the prior driving vehicle's negligence, or the prior driving vehicle's failure to take safety measures due to the lack of time or injury after stopping. Thus, if the subsequent driving vehicle was unable to take safety measures due to the prior driving vehicle's negligence, such as the prior driving vehicle's failure to take safety measures after stopping, or the prior driving vehicle's failure to take safety measures due to the occurrence of the prior driving vehicle's negligence, barring special circumstances.

(2) In light of the following circumstances, the duty of reimbursement and the scope of the instant accident occurred in the instant case, including the characteristics of the accident site, the background of the accident, the degree of collision, and the degree of shock, as well as the following circumstances, the Plaintiff’s vehicle and the Defendant’s vehicle regarding the instant accident.

arrow