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(영문) 서울남부지방법원 2015.05.14 2014가단204721
손해배상(자)
Text

1. The Defendant’s KRW 22,561,463 as well as the Plaintiff’s annual rate from June 26, 2013 to May 14, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. 1) The Defendant is an insurer that entered into a mutual aid agreement with the insured vehicle that is a cab. 2) On June 26, 2013, the Plaintiff driving a cab around 05:30 on June 26, 2013, driving the c car in front of the 270 amblock in the front of the 270 amblurg, Yangcheon-gu, Seoul, in the direction of the amblurg from the offside of the amblurg, and stopped due to the breakdown.

D taxi driving along the same lane has started to stop in front of C vehicle by discovering and rapiding it.

However, E, a driver of the B cab following the above cab, neglected to perform his duty of care at the front time, but was found late and stopped, but did not come up and concealed D cab. due to its shock, D cab stopped C cab which stopped prior to the front time.

(3) As a result, the Plaintiff suffered injury, such as revolving the left-hand revolving the revolving revolving the instant accident, and pressure pressure for the first step. [The grounds for recognition] There is no dispute, and the evidence Nos. 1, 2, 4, and 6, and Nos. 1 and 2, No. 1 and 2, and No. 1 and No. 2, including each number, hereinafter the same shall apply.

each entry, witness F’s testimony, and the purport of the whole pleading

B. According to the above facts of determination, since the accident in this case occurred due to the negligence of E driving the B vehicle, the defendant is obligated to compensate for the damage suffered by the plaintiff in accordance with the mutual aid contract concluded with E.

C. In the event that a towing accident occurred by a motor vehicle followed by a motor vehicle that stops on the main lane without taking safety measures on the expressway or the exclusive road for motor vehicles due to an accident, etc., it can be sufficiently anticipated that the following motor vehicle may collision with the preceding motor vehicle and furthermore conflict with another motor vehicle or people in the surrounding area due to a stop without taking safety measures. Accordingly, the preceding motor vehicle's driver was negligent in taking safety measures after stopping, or neglected by negligence, even if it was possible for the preceding motor vehicle to take safety measures after stopping.

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