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(영문) 서울중앙지방법원 2020.10.14 2019가단5132530
구상금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. When arranging the vehicles involved in the instant case, the following table is listed:

CD E F G I H

B. On February 22, 2018, around 00:10, at the point of Busan metropolitan city, Defendant 1 vehicle (accident 1 vehicle) traveling on three-lanes in the direction of Busan metropolitan road at the point of 298km located on the Cheongju-si, Cheongju-si, and the occurrence of a traffic accident. As a result, Defendant 1’s vehicle moved on the left side to the left side and stopped almost immediately in the same direction (hereinafter “first accident”).

2) 2) The Plaintiff’s driver of the Plaintiff’s vehicle (accident 3 vehicles) reported that J, Dong-man, K, and L, Defendant 1’s vehicle stops normally, and the Plaintiff’s vehicle was loaded onto a small one lane away from Defendant 1, and then examined whether Defendant 1’s vehicle is safe.

3) After the first accident, Defendant 2’s vehicle (accident 4 vehicles) who followed the same direction as the first accident occurred with Defendant 1’s rear wheels part of Defendant 1’s rear wheels, and Defendant 1’s vehicle moved to the right side and shocked persons on the road (hereinafter “second accident”).

4) After the second accident, the accident 5 vehicles that followed the same direction as at the same time 38-39 seconds occurred, which had been driven by Defendant 1, who had been unrhything due to the preceding accident, leading up to the rear part of the Defendant 1’s seat.

The third accident is called ‘the third accident'.

5) The instant traffic accident occurred, i.e., the instant accident scene is as shown in the attached Form No. 1, 2, and 3, and both J, Dong-man, K, and L, the driver of the Plaintiff’s vehicle, died.

C. (1) The Defendant paid KRW 450,00,000 to the bereaved family members of the High J, KRW 471,258,000 to the bereaved family members of the High K, and KRW 470,000 to the High L’s bereaved family members, respectively. (2) The Plaintiff paid KRW 100,000 to the J’s bereaved family members as insurance money, and KRW 9,530,000 to the J’s bereaved family members until April 13, 2018, and KRW 7,000 to the Defendant on October 31, 2018.

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