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(영문) 서울중앙지방법원 2020.07.08 2019나79987
구상금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiffs”). Defendant B Co., Ltd. is below “Defendant E”

1. The insurer who concluded the automobile insurance contract with respect to the vehicle (hereinafter referred to as the “vehicle”), and the Defendant C Federation is the F vehicle (hereinafter referred to as the “Defendant”);

2. The term "vehicles":

A mutual aid operator who has entered into a motor vehicle mutual aid agreement in relation thereto.

B. Defendant

1. On March 15, 2019, at around 07:44, the Plaintiff, who driven the said one-lane of the said road, turned off the broom from two-lanes to two-lanes of the patrol sloped Highway 771-2, 2,000-2, was stopped on the side in a reverse direction after shocking the right broom, and the Defendant also turned off the said one-lane to the broom.

1. The defendant who has driven a two-lane of the above road after shocking the vehicle, shocking the median zone again, and driving a two-lane of the above road following it;

2. The vehicle shocked the Plaintiff’s vehicle

(hereinafter referred to as “instant accident”). C.

The plaintiff until February 24, 2019, G, H, and the defendant who are the winners of the plaintiff's vehicle by February 24, 2019

2. A vehicle driver paid the sum of KRW 3,517,590 as insurance money to the I as the vehicle driver.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 7 (including paper numbers), Eul evidence Nos. 1 to 7, Eul evidence Nos. 1 and the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion is as follows: (a) the instant accident was broom off and stopped on the road; and (b) the Defendant failed to take necessary measures to prevent subsequent accidents.

1. The defendant who has failed to reduce the speed while driving a vehicle without securing a safe distance even though he/she is aware of the plaintiff's vehicle which was parked due to the negligence of the driver of the vehicle or the accident;

2. The negligence of the driver of the vehicle and the negligence of the driver of the plaintiff vehicle were concurrent.

Therefore, the Plaintiff, the Defendant

1. The defendant out of 3,517,590 won, paid by the plaintiff as insurance money;

1. 1,758,790 won, equivalent to 50% of the vehicle driver's fault ratio;

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