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(영문) 서울중앙지방법원 2016.09.30 2016나37999
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 a mutual aid business entity that entered into a motor vehicle mutual aid agreement with A (hereinafter “Plaintiff”) and the Defendant is an insurer that entered into a motor vehicle mutual aid agreement with B (hereinafter “Defendant”).

B. At around 15:10 on January 10, 2015, the Defendant’s vehicle (hereinafter “the first accident”) followed the left-hand side of the Plaintiff’s vehicle that was going to the left-hand turn at the Youngdong Samsung Electronic Co., Ltd. (hereinafter “C, D, E, and hereinafter “victim”). After the first accident, the Plaintiff’s vehicle continued approximately 60 meters on the front bank and entered the road back to the six-lane road, and then connected to the said six-lane road (hereinafter “the second accident”). C, D, E, and hereinafter “victim”). C, C, and C, C, and C, E, and C, and C, and C (hereinafter “the damaged vehicle”).

On February 4, 2015, the Plaintiff paid KRW 14,235,00 to the borrower of three damaged vehicles due to the instant secondary accident in total as compensation for physical damage.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the second accident occurred due to the first accident of this case, and it is reasonable to view that the plaintiff and the defendant's fault ratio of the second accident are 2:8. Thus, the defendant is obligated to claim an amount equivalent to 80% of the compensation paid by the plaintiff.

In this regard, the defendant asserts that even if the defendant's vehicle caused the primary accident, there is no proximate causal relation with the occurrence of the secondary accident, the above mistake does not occur.

B. The fact that the second accident occurred immediately after the plaintiff's vehicle was involved in the first accident is recognized.

However, the following circumstances, which are acknowledged by the aforementioned evidence and evidence No. 1’s video and the purport of the entire pleading, i.e., the instant primary accident.

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