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(영문) 서울중앙지방법원 2019.02.21 2018나64025
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. With respect to Csi (hereinafter “Plaintiff”), the Defendant is a mutual aid business entity that entered into a car mutual aid agreement with respect to D vehicle (hereinafter “Defendant vehicle”).

B. On July 24, 2017, at around 14:30, the Plaintiff’s vehicle moved into two lanes near the upper south of the Seoul Yangyang Highway (hereinafter “instant Highway”) from the IC bank to the East Hongcheon International Airport. On the other hand, the front vehicle was rapidly stopped, changing its course to one lane in order to avoid the preceding vehicle at a rapid speed.

The Defendant’s vehicle is proceeding along the rear of the Plaintiff’s vehicle on the two-lane of the instant expressway, and the Plaintiff’s vehicle changed its course to the one-lane immediately before changing the course to the one-lane, and the Plaintiff’s vehicle stops rapidly after changing its course to the one-lane as above, and the front part of the Plaintiff’s vehicle fell into the front part of the Defendant’s vehicle.

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

On March 9, 2018, the Plaintiff paid KRW 3,158,000 among the repair cost of Plaintiff’s vehicle KRW 3,984,00.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 1 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. The following circumstances are revealed in light of the purport of the entire argument in the evidence admitted prior to the occurrence of liability for damages, namely, ① in the case of following the vehicle behind the said vehicle in front located in the same direction, the driver of any motor vehicle shall, in the event that the vehicle in front stops suddenly, secure the necessary distance to avoid any collision with the said vehicle in front, and drive the motor vehicle in front. The driver of any motor vehicle is obliged to drive the motor vehicle in front of the said vehicle. The driver of any other motor vehicle without securing the safety distance with the pre-motor vehicle, while driving the instant expressway in front of the motor vehicle, changing the course to one way to avoid any sudden stop, and ② the driver of any other motor vehicle also

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