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(영문) 서울중앙지방법원 2013.11.06 2012가단5157585
구상금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff appears to have entered into an automobile insurance contract between B and C with respect to the C Passenger Vehicles (hereinafter “Plaintiff”), and the Defendant’s National Freight Trucking Association is a mutual aid business operator who entered into a mutual aid agreement with respect to D Freight (hereinafter “Defendant”).

B. On September 25, 2012, around 15:25, Defendant A: (a) driven the Defendant’s vehicle and driven the 45 national highway, which is the motorway located in the Shinsi-dong-dong-dong-dong-dong-dong-si, along one-lane of the two-lanes, Defendant A stated that: (b) at the time of the accident, F, a witness of the number omitted cargo vehicle, which was located earlier than about 40 meters from the two-lanes to the one-lanes; (c) after the accident, the Plaintiff’s vehicle appears to be in the “R”; (d) in light of the fact that the change screen of the Plaintiff’s vehicle is located in the vehicle’s photograph taken inside the vehicle after the accident, the vehicle appears to be in the post-accident at the time of the accident. In order to discover and avoid the Plaintiff’s vehicle, the Plaintiff’s vehicle discovered the Plaintiff’s vehicle on its front part of the vehicle in accordance with the blue-only route, but did not immediately stop the vehicle.

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, E who was accompanied by the Plaintiff’s vehicle died, and the Plaintiff’s vehicle and dives were damaged, and the Plaintiff paid the victims totaling KRW 102,917,100 until December 21, 2012.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 3, 7, Eul evidence 3 (including above number), video and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant A neglected his duty to keep the safety distance while driving the defendant vehicle without securing the safety distance and caused the instant accident due to an excessive negligence, and that the plaintiff caused the instant accident.

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