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(영문) 서울중앙지방법원 2017.12.13 2017가단5059211
구상금
Text

1. The Defendants jointly share KRW 49,956,927 with respect to the Plaintiff and the period from November 4, 2016 to December 13, 2017.

Reasons

1. Basic facts

A. The status of the parties is an insurer who has entered into an automobile comprehensive insurance contract with respect to the E 2.5 tons load (hereinafter “Plaintiff vehicle”). Defendant C is the driver of F 25 tons car truck (hereinafter “Defendant Company”), and Defendant D Co., Ltd. (hereinafter “Defendant Company”) is the owner of the Defendant vehicle and the Defendant B Federation (hereinafter “Defendant Federation”) is the mutual aid contractor who entered into a mutual aid agreement with respect to the Defendant vehicle.

B. At around 16:35 on March 27, 2014, G used the Plaintiff’s vehicle to drive the H Highway into the Daegu bank from the Busan bank, and entered the International tunnel. At the end of about 10 minutes from the time the Plaintiff’s vehicle stops as above, G stopped on the front part of the Plaintiff’s vehicle due to engine heat in the above tunnel and stopped on the two-lane. 2) At the end of about 10 minutes from the time the Plaintiff’s vehicle stops, the Defendant C was driving the Defendant vehicle on the same side as the Plaintiff’s vehicle, and did not find the Plaintiff’s vehicle under the stop, and the front part of the Defendant’s vehicle showed the rear part of the Plaintiff’s vehicle.

3) The Defendant’s vehicle shocked the Plaintiff’s vehicle, which caused a fire on the said two vehicles. As a result, the equipment, such as electricity, fire-fighting, and communications, and the surface, wall, ceiling, etc. of the tunnel were damaged (hereinafter “instant accident”).

C. C. 1) The J Co., Ltd., the operator and operator of H Highway, filed a lawsuit against the Plaintiff and the Defendant Federation seeking compensation for damages arising from the instant accident. At the appellate trial of the said lawsuit, the driver of the original Defendant’s vehicle, on October 13, 2016, is jointly and severally liable to compensate for the damages incurred by the instant accident, and the Plaintiff and the Defendant Federation, the insurer of the said vehicle, are in accordance with Article 724(2) of the Commercial Act.

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