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(영문) 서울중앙지방법원 2020.06.10 2019나45403
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with D vehicle (hereinafter “Defendant vehicle”).

B. The circumstances of the instant accident are as follows in accordance with the attached Form No. 1.

1) On November 16, 2018, at the point of 29.2km in the direction of the air route of the Seocheon-do Highway, Seocheon-gu, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the Defendant vehicle (Ma1 vehicle) is a E truck (Ma2 vehicle; hereinafter referred to as “cargo vehicle”) attached to the two-lane while changing the course from one lane to two-lane among two-lanes.

) The left-hand side of the vehicle conflict, the Defendant vehicle reeass the centralized separation zone and stops in a reverse direction on the first-lane due to its shock, and the E Truck stops on the two-lane and side (hereinafter referred to as the “motor vehicle accident”).

2) Since the preceding accident, the FF vehicle, which passed two lanes after the preceding accident, was aware of the preceding accident of the Defendant vehicle and the cargo vehicle and stopped on the two-lanes.

3) G vehicle running behind the F vehicle (Ma3) has shocked the right side of the F vehicle into the left side side of the G vehicle, and due to its shock, G vehicle stops on the side side of the right side in which the said F vehicle stops. 4) The Plaintiff (Ma5 Vehicle) changed the course of the Defendant vehicle standing on one lane into the two-lane way to damage the Defendant vehicle running behind the vehicle, while avoiding the F vehicle parked on the two-lane and stopped on the two-lane, and collision with the freight vehicle parked on the two-lane side.

(hereinafter referred to as “instant accident”). C.

On November 26, 2018, the Plaintiff paid KRW 13,470,00 (i.e., the value of the vehicle - KRW 14,280,000 for the return of remainder - KRW 810,00 for the return of remainder) to the insured of the Plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The argument and judgment.

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