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(영문) 광주지방법원 2018.10.31 2018가단514045
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. The Plaintiff is a mutual aid insurer who has entered into a mutual aid agreement with a limited liability company and a limited liability company for A cargo vehicle owned by the said company (22.5 tons, hereinafter “Plaintiff cargo vehicle”). The Defendant is an insurer who entered into an insurance contract with B on B and C its ownership C (hereinafter “Defendant vehicle”).

B. On January 20, 2017, the Plaintiff truck proceededed at a point 250.6 km in the Seoul direction of the Western Highway located in the Seosan-si, Seosan-si, Seosan-si, and stopped over 1,2 lanes, such as the vehicle accident report on the attached Form (Ma2), and D Cargo Vehicles (including the weight of the freight in 25 tons) following the Plaintiff’s freight vehicle (the weight is about 30 tons if the weight of the freight is included in 25 tons; hereinafter referred to as “victimed Cargo Vehicles”) shocked the upper right side of the Plaintiff truck.

After that, the E-vehicle(Ma3), which followed the vehicle, has shocked the back of the plaintiff's cargo vehicle, and the defendant's vehicle(Ma4) which was followed by the vehicle, has shocked the damaged cargo vehicle that was stopped.

C. The above traffic accident caused the death of F, who is the driver of the damaged truck, immediately died of cerebral cerebral blood due to the two frameworks.

Accordingly, on December 21, 2017, the Plaintiff agreed with the deceased’s surviving families as well as the total amount of damages as KRW 156,00,000, and paid the full amount of the said agreed money on December 26, 201.

2. Determination

A. The above traffic accident, which caused the Plaintiff’s assertion, was caused by the negligence of the Plaintiff’s truck driver and the negligence of the Defendant’s driver, caused the death of the Defendant’s driver of the damaged truck.

Since the plaintiff paid the full amount of the agreement to the deceased's surviving family members, the defendant jointly exempted the defendant, the defendant is 30% of the share of the driver of the defendant's car among them.

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