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(영문) 전주지방법원 2020.02.14 2018나13236
구상금
Text

1. The plaintiff's appeal is 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. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid contract with D (ACs) cargo vehicles owned by C Co., Ltd., and the Defendant is a mutual aid business entity that has entered into a motor vehicle mutual aid contract with E (hereinafter “Defendant vehicle”).

B. At around 10:40 on November 23, 2017, the driver of the Defendant’s vehicle, who driven two lanes near the rest area of the road located in the Yancheon-do Highway, Seocheon-do, Seocheon-do (hereinafter “victim’s vehicle”), discovered a G vehicle parked in the two-lane due to an unforeseen accident on the front side of the road (hereinafter “victim”), stops above the road’s speed toward the right side. The Plaintiff’s vehicle driven in the two-lanes after the front side of the Defendant’s vehicle without operating the vehicle, with the front side of the Plaintiff’s vehicle, stiffed the front side of the damaged vehicle, and stiffed the front side of the damaged vehicle, and then stiffed the front part of the damaged vehicle.

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

The Plaintiff, due to the instant accident, paid KRW 9,896,930 in total, including the amount of damages to be incurred by the Defendant’s passenger, H, I, J, the driver and passenger of the damaged vehicle, and the cost of restoring the damaged vehicle to its original state.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1, and the result of the verification by each court of the first instance, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the instant accident occurred is the Defendant’s vehicle that provided the cause of the instant accident because the Defendant’s vehicle driven ahead of the Plaintiff’s vehicle and driven at low speed and did not prevent the occurrence of the accident by driving the vehicle at low speed. As such, the Defendant’s vehicle is responsible for at least 60%.

The accident of this case is "the first accident that the defendant's vehicle is faced with the right side of the road".

Then, the plaintiff's vehicle is an accident caused by shocking the defendant's vehicle, and the defendant's vehicle H, I, and J have already been injured in the first accident.

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