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(영문) 서울중앙지방법원 2020.01.10 2019가단5120339
손해배상(자)
Text

1. The Defendants jointly share KRW 17,00,000, KRW 17,000, KRW 2,000 to Plaintiff B, C, and each of the said money.

Reasons

1. At around 21:57 on April 26, 2019, G was driven by HHH (hereinafter “Defendant 2”) and stopped on five-lanes due to a sudden failure at the center of the horizontal intersection at a point of 408.2km at the top of the horizontal intersection where it is located in Seoul.

In the latter, the J-5 vehicle of the I Driving (hereinafter “Defendant 1”), which was driven by the vehicle, was stopped, and Defendant 2, who was parked in the front, was tightly pushed down from the neutrality to the rear, and was shocked by Defendant 1.

(hereinafter referred to as “onboard vehicle”). A prior accident involving Defendant 2’s vehicle and Defendant 1’s vehicle stopped at five-lanes in the rear, K driving a passenger vehicle (hereinafter referred to as “Plaintiff vehicle”) at the later five-lanes in the latter, and the vehicle was shocked by Defendant 1.

(hereinafter “instant accident”). K died of the said accident.

Plaintiff

A is the deceased's spouse, and the rest of the plaintiffs are the inheritors as children.

Defendant E Co., Ltd. is an insurer who has concluded a comprehensive automobile insurance contract with respect to Defendant 1, and Defendant F Co., Ltd is an insurer who has concluded a comprehensive automobile insurance contract with respect to Defendant 2.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 7, Eul's 1 through 3 (including each number, hereinafter the same shall apply), Eul's 1, and the purport of the whole pleadings

2. The preceding accident caused by Defendant 1’s vehicle and the operation of Defendant 2’s vehicle to limit liability for damages and the instant accident occurred in the vicinity of time and place. Since K died due to the operation of Defendant 1’s vehicle and Defendant 2’s vehicle, the Defendants jointly and severally as the insurers of Defendant 1’s vehicle and Defendant 2’s vehicle are liable to compensate the deceased and the Plaintiffs for the damages.

Defendant E Company asserted immunity, but the following circumstances recognized by the aforementioned evidence, namely, Defendant E Company’s driver, after the prior accident.

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