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(영문) 서울남부지방법원 2018.10.26 2018나55065
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant 1”) with C (hereinafter “Defendant 2”).

B. On December 5, 2014, at around 15:24, 15:24, the Plaintiff’s vehicle driven along the two lanes near the king-dong, Seo-gu, Incheon, Seodo-dong-dong-dong-dong-dong-ro (hereinafter “victim”). Defendant 1 followed the Plaintiff’s vehicle (hereinafter “the primary accident”); and Defendant 1: (a) concealed the Plaintiff’s vehicle; (b) led the Plaintiff’s vehicle to the end; (c) led the Plaintiff’s vehicle, and (d) led the Defendant 1 to the end of the damaged vehicle (hereinafter “the second accident”); and (d) Defendant 2 followed Defendant 1’s vehicle (hereinafter “the third accident”).

C. It is called "victim E" or "victim of damaged vehicle;

(2) The Plaintiff suffered from the injury of the scams, scams, etc. due to the foregoing 1 and 2 accidents, and the Plaintiff paid 3,906,710 won to the victim for treatment expenses and consolation money in the name of the victim. [In the absence of any dispute over the grounds for recognition, the respective descriptions and images of evidence A, and the purport of the entire pleadings.]

2. The assertion and judgment

A. (1) The primary argument is that the victim suffered impact three times in total due to the 1, 2, and 3-rush drilling accident, and that the degree of shock caused by each drilling accident is equal. Since the negligence of the following vehicle is equal to all those of the vehicle that did not secure the safety distance in the chain drilling accident, the plaintiff vehicle and the two vehicles should share one-third each for the damage suffered by the victim.

Accordingly, the Defendant, as an insurer of Defendant 1 and 2 vehicles, paid KRW 2,604,473, which the Plaintiff paid to the Plaintiff, KRW 1,289,210,00 to the Plaintiff, and the Defendant paid KRW 1,315,263 (=2,604,473-1,289,210).

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