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(영문) 서울남부지방법원 2019.05.09 2018나63097
부당이득금
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. The reasons for the acceptance of the judgment of the court of first instance are as follows, except in the following cases: (a) the first instance court’s 20 to 5 pages 4 of the judgment is the same as the reasons for the judgment of the court of first instance; and (b) the same shall be cited pursuant to the main sentence of Article 420 of the

【The portion of the automobile to be cut off” Meanwhile, in a case where an automobile cannot be driven due to a prior accident, etc. on an expressway or an exclusive road but moves to a safe place, or a sudden motor vehicle stops on the vehicular road without taking safety measures, such as setting up a sign of a broken-down motor vehicle, etc. as prescribed by the related Acts and subordinate statutes, if there is negligence on the prior driver of the motor vehicle causing a prior accident or failing to take safety measures after the accident, the negligence should be taken into account in determining the scope of the liability for damages due to a subsequent accident, in light of the ideology of the damage compensation system, i.e., fair sharing of damages

In such cases, there was no time to take safety measures, etc. after the accident, if the driver of the preceding vehicle was negligent in the "accident" of the preceding accident.

The same applies to a situation where it is difficult to expect such measures due to injury, etc. (see, e.g., Supreme Court Decision 2011Da110692, Mar. 29, 2012). G, a driver of the Plaintiff, was negligent in neglecting the duty of Jeonju, causing a prior accident that meets the truck earlier, and without taking safety measures, etc. after the accident, caused the Plaintiff’s vehicle to be left alone on the first lane, thereby causing a subsequent accident by Defendant 2, who proceeded with the first lane.

2. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is groundless.

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