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(영문) 전주지방법원군산지원 2016.05.13 2015가단52980
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is the driver of the vehicle C (hereinafter "one vehicle"), the plaintiff B is the driver of the vehicle D (hereinafter "three vehicles"), and the defendant is the comprehensive automobile insurance company that the borrower of the vehicle E (hereinafter "two vehicles") purchased.

B. On November 13, 2014, Plaintiff A driven a vehicle on 13:15, and passed through a point 213 km in the Daejeon Daejeon Expressway along the Daejeon Expressway (Seoul Metropolitan City Dong-gu) (hereinafter “the first accident”), Plaintiff A driven the front part of the two vehicles running ahead of it (hereinafter “the first accident”), and Plaintiff A parked the front part of the two vehicles on the two side of the said expressway, and the two vehicles are stopped on the side of the said expressway. After approximately five minutes, Plaintiff B driven the said three vehicles and passed the said adjacent area, followed Plaintiff B’s front part of the three vehicles.

The second accident is referred to as ‘the second accident'.

(i) [In the absence of dispute over the basis of recognition, the entries in Gap evidence 1-1, 2, 2-1, 2-2, 1-1 to 5 of Eul evidence 1-5, and the purport of the whole pleadings.

2. Determination as to each claim of this case

A. The reason why the primary accident of the plaintiffs' assertion occurred is that two vehicles were driven on an expressway by violating the minimum speed, or that two vehicles cannot be found due to the breakdown or failure of the two vehicles, etc.

In addition, the second accident occurred because the driver of the second vehicle did not take proper safety measures to prevent the second accident even though the second accident occurred.

Therefore, the defendant, who is the insurer of the second vehicle, is obligated to pay the plaintiff A medical expenses, actual profits, and consolation money totaling KRW 19,959,012, and damages incurred by the second accident to the plaintiff B due to medical expenses, vehicle repair expenses, and consolation money totaling KRW 17,397,192, and damages for delay for each of the above amounts.

B. The negligence of the driver of two vehicles on the occurrence of the primary accident.

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