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(영문) 서울중앙지방법원 2018.08.17 2018가단5007460
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion that the passenger on board the insured vehicle of the Defendant Federation died due to an accident involving the Plaintiff and the Defendants’ respective insured vehicles. The deceased’s death is because (i) the first accident occurred due to the collision between the two parts of the front front vehicle of the insured vehicle of the Defendant Federation; (ii) the insured vehicle of the Defendant Company proceeding in the vicinity of the said first accident, while the insured vehicle of the Defendant Company proceeding in the middle of the first accident, the insured vehicle of the Defendant Federation felled into the insured vehicle of the Defendant Federation while avoiding the two lanes, or (iii) the insured vehicle of the Defendant Company was shocked by the deceased.

In light of such circumstances, it is reasonable to view that the negligence on the part of the insured vehicle of the Defendant Federation on the deceased’s death is 50%, the negligence on the part of the insured vehicle of the Defendant Company, 40%, and 10% on the part of the Plaintiff’s insured vehicle.

The Plaintiff paid 276 million won to the deceased’s heir as damages, and paid 4.4 million won as the attorney’s fees, and 98,600 won as the litigation costs. Accordingly, according to the above negligence ratio, the Plaintiff claimed 50% of the total sum of the above amounts to the Defendant Federation, and 40% as the Defendant Company.

2. The written evidence Nos. 1 and 3 (including paper numbers) alone is insufficient to acknowledge the Plaintiff’s assertion as to the cause of death of the deceased, and there is no other evidence to acknowledge it.

오히려 을가 제1 내지 3호증, 을나 제1 내지 3호증의 각 기재에 의하면, 원고의 피보험차량 운전자가 과속 운행을 하면서 전방에서 피고 연합회의 피보험차량이 선행 차량을 충격한 후 정차해 있는 것을 뒤늦게 발견하고 제동조치를 제대로 하지 못한 과실로 피고 연합회의 피보험차량을 충격하여 그 차량이 튕겨져 나가면서 그 차량 밖에 서 있던 망인을 들이받아...

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