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(영문) 서울중앙지방법원 2019.03.15 2018가단5176946
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entering into an insurance contract, etc. is an insurer who entered into a comprehensive automobile insurance contract with respect to the following 1,2 vehicles (hereinafter “1,2 vehicles”). The Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to the following 4 vehicles (hereinafter “4 vehicles”).

CD E G JF H H KI

B. On December 16, 2017, around 04:00 on December 16, 2017, when the first accident occurred, four vehicles run along two lanes at a point 29.1km in the Daejeon direction of the Central Highway No. 5-lane, which was 29.1km in the middle-lane, from the later bank, have lost the center of three vehicles to the one-lane, concealed the central separation zone, followed again by changing the two-lane into a two-lane, and returned to one another by changing the two-lane into a two-lane. On the latter part of the three-lane, the fourth vehicle, which was changing from a two-lane to a one-lane, was parked in the right side of the other side of the four-lane, and as a result, the third vehicle was stopped over the two-lane and the fourth vehicle was stopped on the one-lane road.

C. Around four minutes of the occurrence of the secondary accident, when one vehicle discovered four-lanes where one vehicle stops, while avoiding two-lanes where one vehicle stops, gets back to the right side of one vehicle, which was followed by the two-lanes later from the right side of the two-lanes. Two vehicles concealed the rear side of three vehicles into the right side side of the other three vehicle. As a result, the accident occurred where three vehicles are pushed back to the right side of the other three vehicle and I am on the road, and I died around 05:50 on December 16, 2017 where treatment was under way.

The Plaintiff paid the total amount of KRW 307,30,300 (I 270,960,860 won per vehicle repair cost of KRW 19,782,440 for 2 vehicle repair cost of KRW 16,650,00).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 13, Eul evidence 1 and 2 (including branch numbers), the purpose of the whole pleadings

2. The plaintiff's assertion and judgment

(a) The driver of the alleged motor vehicle shall drive the motor vehicle due to breakdown or other reasons;

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