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(영문) 서울중앙지방법원 2019.12.11 2019나43315
구상금
Text

1. The plaintiff's appeal and the plaintiff's claim added by this court are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the C-Vehicle (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to D-small cargo vehicles (hereinafter “Defendant vehicle”).

B. On November 7, 2017, the Defendant’s vehicle was driving in one lane among the two laness of the 34 national highways (hereinafter “instant road”). From the same perspective, the Plaintiff’s vehicle entered the instant road along the right line from the intersection adjacent to the intersection where it is located, depending on the right line.

C. The Plaintiff’s vehicle was incorporated into the instant road and entered the two-lane as soon as possible along the two-lanes. During that process, the Defendant’s right side side of the Defendant’s vehicle running along the one-lanes.

(이하 ‘1차 사고’라 한다). 라. 1차 사고의 충격으로 피고 차량은 노면에 전도되었고, 원고 차량은 2차로로 튕겨나가면서 2차로에서 주행 중이던 E 차량(이하 ‘제3차량’이라 한다)의 좌측 뒷부분을 충격하였으며, 그 충격으로 제3차량도 노면에 전도되었다(이하 ‘2차 사고’라 하고, 1차 사고와 2차 사고를 통틀어 ‘이 사건 사고’라 한다). 마.

The driver of the third vehicle who was injured due to the second accident was killed while being sent to the hospital for treatment.

F. From January 3, 2018 to June 15, 2018, the Plaintiff paid a total of KRW 2,834,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident. Meanwhile, from December 19, 2017 to May 31, 2018, the Plaintiff paid KRW 76,545,350 for total of KRW 76,545,350, including hospitalization expenses, outpatients care expenses, and final agreement payments to the bereaved family members of the networkF, and KRW 9,816,00 for the repair cost of the third vehicle from March 27, 2018 to August 3, 2018, respectively.

[Reasons for Recognition: Facts without a partial dispute, Gap evidence 1 through 8, Eul evidence 2 and 3 (including branch numbers), the purport of the whole pleadings).

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