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(영문) 서울중앙지방법원 2019.05.01 2018가단5009329
구상금
Text

1. The Defendant’s KRW 45,054,979 as well as the Plaintiff’s annual rate of 5% from January 24, 2018 to May 1, 2019, and the following.

Reasons

Basic Facts

The plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the automobile D (hereinafter referred to as the "Defendant vehicle"), with respect to the automobile E (hereinafter referred to as the "Defendant vehicle").

피고 차량은 2017. 11. 24. 10:55경 서울 성수대교 부근 강변북로 편도 5차로 중 3차로로 주행하던 중, F 차량(이하 ‘선행사고 차량’이라고 한다)을 추돌한 사고(이하 ‘선행사고’라고 한다)를 처리를 위하여 도로에 정차되어 있던 원고 차량을 미처 발견하지 못하고 강하게 추돌하였고, 이에 튕겨 나간 원고 차량은 앞에 정차되어 있던 선행사고 차량을 다시 추돌하였다

(hereinafter “instant accident”). By January 23, 2018, the Plaintiff paid KRW 56,00,000 from the proceeds of the sale of remaining articles to G as a result of the Plaintiff’s total loss disposal of the Plaintiff’s vehicle, and collected KRW 10,50,000 from the proceeds of the sale of remaining articles, and paid KRW 3,578,350 at the repair cost of the vehicle involved in the previous accident, and paid KRW 60,960,00 in total.

[Ground] The Plaintiff’s assertion of the purport of the Plaintiff’s assertion by the parties as to the Plaintiff’s assertion of the following facts: Gap’s evidence Nos. 1 through 11, Eul’s evidence No. 2, and the purport of the entire pleadings arose from the whole negligence of Defendant’s vehicle that neglected the duty of presentation; thus, the Defendant is obligated to pay KRW 48,815,219 [the insurance proceeds paid by the Plaintiff due to the instant accident” (= KRW 56,00,000 from the proceeds of the sale of remaining articles from the proceeds of the sale of remaining articles ( KRW 10,50,500 from the proceeds of the sale of the Plaintiff’s vehicle, KRW 3,578,350 from the proceeds of the sale of the remaining articles ( KRW 263,131)]; and damages for delay.

The driver of the plaintiff's vehicle claimed by the defendant did not take necessary safety measures after the occurrence of the preceding accident, and opened only the between the parties.

The accident of this case is due to the negligence of the driver of the plaintiff vehicle who neglected safety measures and the negligence of the driver of the defendant vehicle.

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