(영문) 서울중앙지방법원 2019.12.17 2019가단5075972

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(영문) 서울중앙지방법원 2019.12.17 2019가단5075972

구상금

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1. The Defendant’s KRW 112,472,630 as well as 5% per annum from January 7, 2019 to December 17, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a motor vehicle insurance contract with Nonparty C for a non-party D’s passenger vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a motor vehicle mutual aid contract with Nonparty F Co., Ltd. (hereinafter “Defendant”).

The non-party H (Nam, I) is the victim who died of the following traffic accidents, who is boarding a K car driven by the non-party J (hereinafter “victim”).

B. (i) On January 16, 2018, Nonparty L driven the Defendant’s vehicle at around 07:00, and driven the two-lane of the second line road in Jinyang-gu, Jinyang-gu, Jinyang-do, in the sports, and driving the two-lane of the second line of the road in the direction of the Hohm tunnel on the surface of the private ICT room, and the sudden change of the vehicle was made to the two-lane of the vehicle to stop the Defendant’s vehicle on the side, when the sudden motor is not in operation.

Shed Nonparty J, while driving a damaged vehicle at the above time and place and driving along the two-lanes of the above road, had the Defendant’s vehicle driven along the two-lanes immediately preceding the left side and entered the two-lanes. Nonparty J followed the bring to avoid the collision with the Defendant’s vehicle and turned down the speed.

Article 22(1) of the Civil Procedure Act provides that “In order to avoid a conflict with the Defendant’s vehicle, Nonparty C shall not be obliged to take measures to prevent the collision between the Defendant and the injured vehicle, and shall not be obliged to take measures to ensure the safety distance on the two-lanes of the above road, and the latter shall not be obliged to take measures to prevent the collision between the Defendant and the latter, and the latter shall not be obliged to take measures to prevent the collision between the damaged vehicle and the latter.”

x) The location of the accident of this case is 46 national highways located between the private road and the HopanIC.

유사 판례

-서울중앙지방법원 2016.12.20 2015가단5324034

-춘천지방법원 2016.09.29 2016노469

-서울중앙지방법원 2019.03.19 2018나46638

-서울중앙지방법원 2017.01.12 2016나48982

-서울중앙지방법원 2016.09.22 2016나29547