(영문) 서울중앙지방법원 2014.10.21 2014가단4956

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(영문) 서울중앙지방법원 2014.10.21 2014가단4956

구상금

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1. The Defendant’s KRW 9,430,254 with respect to the Plaintiff and KRW 5% per annum from June 26, 2013 to October 21, 2014.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with Nonparty A as the insured for B low-priced vehicles owned by Nonparty A (hereinafter “Plaintiff-motor vehicle”).

B. The Plaintiff’s vehicle was equipped with liquefied petroleum gas (LPG).

C. The Defendant is an insurer who entered into a mutual aid agreement with the said company as the insured with respect to a large-scale cargo vehicle owned by Nonparty 25 tons of the company for large-scale transportation (hereinafter “Defendant vehicle”).

At around 21:45 on November 4, 201, Nonparty D, the driver of the Defendant vehicle, tried to park in the parking area of the so-called “sneeping rest area” section located at a four-lane point of 51.2 km at the starting point of the mid-to-west Landing Highway, but there was no parking space, parked the Defendant vehicle on the access road that entered the parking area of the said “sneeping rest area.”

E. At around 21:55 on the same day, A, a driver of the Plaintiff’s vehicle, has reached the access road to park the Plaintiff’s vehicle in the above “stroke rest,” and the Defendant’s vehicle was parked on the access road to the above “stroke rest,” and the Plaintiff’s vehicle stopped after 4 to 5 meters.

F. A immediately after stopping the Plaintiff’s vehicle on the access road, Nonparty E (hereinafter “victim”) driven an FF vehicle (hereinafter “victim”) and went into the access road to the said “stroke rest area.” The victim did not see the Plaintiff vehicle which was stopped on the access road due to neglect of duty of front-time care and led to shocking the front and rear of the Plaintiff vehicle. The Plaintiff’s vehicle was pushed ahead with the front and rear of the Defendant vehicle while being pushed down in front of that shock. After the collision, the fire occurred on the Plaintiff’s vehicle, and the fire was moved to the damaged vehicle, resulting in the occurrence of the accident of the victim’s death.

(g) The Plaintiff (hereinafter “instant accident”).

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