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(영문) 서울중앙지방법원 2016.04.08 2015나62912
구상금
Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A (hereinafter referred to as the “Plaintiff”) and the Defendant is a mutual aid business operator who has entered into a comprehensive automobile mutual aid contract with respect to B (Defendant Vehicle).

B. Around 11:00 on February 7, 2015, the driver of the Plaintiff’s vehicle, while driving the Plaintiff’s vehicle and driving the national highway No. 68 on the fri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si

Accordingly, in order to repair the Defendant vehicle as the front part of the Defendant vehicle, the rear part of the C vehicle stopped in front of the Defendant vehicle was shocked, and D of the maintenance engineer who was in front of the Defendant vehicle and the said C vehicle suffered injuries between the Defendant vehicle and the said C vehicle.

(hereinafter referred to as the “instant accident”) in total.

The instant accident point was indicated on the right side as an access road to which they move down. However, the Defendant’s vehicle stopped on the side due to a breakdown, and did not install devices for the safety of the following vehicle, such as the vehicle sign, while stopping on the side.

By June 8, 2015, the Plaintiff paid KRW 2,251,000 to D with medical expenses and the amount agreed.

[Ground of recognition] Facts without dispute, entries or videos of Gap's evidence 1 to 7, the purport of whole pleadings

2. Determination

A. Comprehensively taking into account the facts acknowledged prior to the determination of the cause of the claim, the instant accident caused the Plaintiff’s negligence, which neglected to stop on the side, even though the Defendant’s vehicle stops on the side, to be deemed that the instant accident caused the Plaintiff’s negligence

However, the defendant's vehicle inevitably stops on the side of the right side of the road due to breakdown, etc. on the road that is affixed to the right side.

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