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(영문) 서울중앙지방법원 2013.07.17 2012가단139100
구상금
Text

1. As to KRW 42,173,770 among the Plaintiff and KRW 24,140,00 among the Plaintiff, Defendant A shall be KRW 18,03,770 from March 1, 2012, and KRW 18,03,770.

Reasons

1. The following facts of the recognition do not conflict between the parties, or can be acknowledged in full view of the entries and images of Gap evidence 1 to Gap evidence 6, Gap evidence 7 to Eul evidence 11, Eul evidence 1 (including each number), and the purport of the whole pleadings.

The Plaintiff is a mutual aid business entity that has entered into a contract for the mutual aid of goods (10,00,000 won) within a period from October 12, 201 to October 12, 2012 with respect to multi-won General Logistics Co., Ltd. and vehicles owned by the Plaintiff (hereinafter referred to as “Plaintiff”) with respect to the motor vehicle, the Plaintiff is a mutual aid business entity that entered into a contract for the mutual aid of goods (100,000 won) with the period from August 11, 2011 to August 11, 2012, and the Defendant A is the driver of the foregoing motor vehicle (hereinafter referred to as “Defendant’s vehicle”). The Defendant B is the owner of the foregoing vehicle E and the passenger.

B. Around 06:00 on November 26, 201, F, an employee of Multiwon General Logistics Co., Ltd., was driving the Plaintiff’s three-lane road at a point of approximately 220.8km from the Busan located in the Busan located in the Busan located in the Yellow-gun, Chungcheongnam-do, Chungcheongnam-do, Busan located in the Yellow-do, Busan located in approximately 0.8km, while driving the Plaintiff’s side at a two-lane in the direction of Daejeon in the direction of Busan.

Defendant A, while driving the above road on the Defendant side more than the Plaintiff’s side by driving the above road on the two-lanes, was driving a stroke, etc., and the central separation zone on the left side was shocked by one lane, and stopped on the two-lanes at the above point.

(hereinafter referred to as “instant prior accident”). After the instant prior accident, Defendant A, from about 50 minutes to about 30 minutes at a distance of 50 meters from the rear side of the Defendant’s vehicle, informed the Defendant of the prior accident on the vehicle that was driven after being scam off and scamed.

F, at the above date and time, the vehicle of the defendant A and the preceding accident, which was stopped as above, was found late and immediately stopped, and the collision with the vehicle of the defendant on the part of the defendant, was avoided. However, the cargo loaded on the vehicle of the plaintiff on the part of the plaintiff, which is located in the vehicle of the plaintiff, has been accumulated, and both the vehicle of the plaintiff and the cargo are located.

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