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(영문) 서울남부지방법원 2019.11.29 2019나53844
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into a mutual aid agreement with Dunstren vehicle (hereinafter “Defendant vehicle”).

B. Around 07:30 on December 18, 2017, the Defendant’s vehicle driven along one lane a road of which speed is 80 km at a three-lane speed limit. However, the Defendant’s vehicle stopped on the two-lanes without changing the two-lane lanes where another vehicle driving along the vehicle is parked along the two-lanes without changing the lane.

At the time, the E-Wing vehicle, which was driven in the first lane after the Defendant’s vehicle, was driven rapidly by the Defendant’s vehicle, and the F S-Wing vehicle, which changed the lane from the second lane to the third lane, led to the rear of the said E-W vehicle.

이어서 위 F 차량의 뒤를 따라 진행하던 G 포터 차량이 F 차량의 후미를 추돌하면서 멈췄다.

Since then, there was an accident in which the Plaintiff’s vehicle, who was proceeding following the said G vehicle, concealed the rear of the said G vehicle, and the said vehicle was pushed down with each other, leading the rear of the preceding vehicle (hereinafter “instant accident”).

C. On June 29, 2018, the Plaintiff paid a total of KRW 12,235,000,000, excluding KRW 500,000, as the repair cost of the Plaintiff’s vehicle.

On the other hand, after the accident of this case, the driver of the defendant vehicle submitted a statement that the driver of the vehicle reduced the speed to the right side of the police in order to make a telephone on the situation of stopping, and stated that when being investigated by the witness in the police, the driver of the vehicle reduced the speed to change the two lanes to the two lanes to make a right-hand line.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 15, and Eul evidence Nos. 1 through 5 are numbers.

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