logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.01 2017나24594
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. Facts of recognition;

A. With respect to Bro-cars (hereinafter “Plaintiffs”), the Defendant is the insurer who has concluded each comprehensive automobile insurance contract with respect to C1.8 tons of trucks (hereinafter “Defendant”).

B. At around 22:12 on April 12, 2016, A driven the Plaintiff’s vehicle while under the influence of alcohol of 0.096% of the blood alcohol concentration, and stopped at a direction 4:0 square line on a one-lane km in front of the two-lane 300-meter radius in front of the exit of the mountain intersection in the scopic scopic of the scopic of the scopic of the scopic of the scopic of the scopic of the scopic of the scopic of the scop

(hereinafter referred to as “pre-use vehicle”). (c)

D, E, F, etc. who observed the above accident while driving in the vicinity of the point of the above preceding accident, stopped their two vehicles in order to the side side in a state where they drown the two lanes on the grounds of the driver's rescue or the pre-accident, etc.

On the other hand, while G driving the Defendant’s vehicle around 22:23 on the day of the preceding accident, while proceeding along the second line among the above roads, it was rapidly changed the vehicle to the first line in order to avoid the speed of the previous vehicle and avoid this.

However, in order to avoid the plaintiff's vehicle that the plaintiff's vehicle stops on the front side due to a prior accident, the vehicle was changed to the second one, but the second one and the damaged vehicle that was parked on the side, and the driver and passengers of the damaged vehicle that were at the edge of the road were shocked.

(hereinafter “instant accident”). E.

In relation to the instant accident, the Defendant paid the victims totaling KRW 403,007,80.

F. The defendant asserts that the accident of this case occurred after the driver of the plaintiff vehicle left alone on the road after the occurrence of the preceding accident and did not take any measures to prevent the second accident.

arrow