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(영문) 서울남부지방법원 2020.04.16 2019나61401
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 below is revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Drocketing vehicle (hereinafter “Plaintiff vehicle”). Defendant B Co., Ltd. (hereinafter “Defendant 1”) is an insurer who entered into an automobile insurance contract with the ENA vehicle (hereinafter “Defendant 1”), and Defendant C Mutual Aid Association (hereinafter “Defendant 2”) is an insurer who entered into an automobile insurance contract with the FNA vehicle (hereinafter “Defendant 2”).

B. On November 26, 2015, around 17:58, at the point of 41.1km in the direction of the direction of the route of the Daejeon-do Highway, which is located in the dong-ri, Daejeon-do, Daejeon-do, Seoul-do, at the point of 41.1km, the vehicle "G" (hereinafter referred to as "tra") runs along one lane, and the Plaintiff was driving along the vehicle behind the vehicle "T".

Defendant 1, who followed the vehicle, attempted to detect and stop the vehicle and the vehicle of the Plaintiff as above Twit, but coming from the snowway, followed the latter, and followed the collision of the parts adjacent to the driver’s seat of the HPP vehicle that changed into the two-lane, and then received the back portion of the Plaintiff’s vehicle as the front part of the driver’s seat, and due to the shock, there was an accident in which the Plaintiff’s vehicle moved to the direction of the half direction, and then the vehicle was left to the front part of the driver’s seat.

(hereinafter “instant primary accident”). After approximately 62 seconds, Defendant 2, who had been driving the same direction one, discovered the situation of the first accident, changed the two-lanes into the two-lanes, but did not avoid being faced with the vehicle, and did not look at the front part of the driver’s seat, and turned down the part adjacent to the driver’s seat of the first rocketing vehicle which was parked on the two-lanes, and Defendant 1, who was receiving Defendant 2’s vehicle, received the front side of the Plaintiff’s vehicle by being pushed up in the future, and received the front side of the driver’s seat. Then, the latter part of the vehicle, which is the front side of the driver’s seat, while being pushed up by the Plaintiff.

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