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(영문) 서울중앙지방법원 2016.04.07 2015나30014
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with respect to a motor vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B cargo vehicles (hereinafter “Defendant”).

B. On May 2, 2014, at around 16:50 on May 2, 2014, the Plaintiff’s vehicle: (a) concealed the CAWn-Wed Vehicle (hereinafter “Wed-Wed Vehicle”) that was driven along the two-lanes near the IFIC, while driving along the BF-Wed Road along the two-lanes.

(hereinafter “1st accident”). In addition, the Defendant’s vehicle driven behind the Plaintiff’s vehicle: (a) concealed the front part of the front vehicle; (b) concealed the front vehicle directly; and (c) the Plaintiff’s vehicle sealed the Defendant’s front part of the front vehicle and the front part of the front vehicle stopped prior to the front vehicle (hereinafter “2nd accident”). D ADD CDDD D (hereinafter “2 accident”).

C. The Plaintiff paid KRW 4,634,00 with the repair cost of the Plaintiff’s vehicle, KRW 8,492,00 with the repair cost of the front vehicle ( KRW 4,521,00 with the rear repair cost of KRW 3,971,00 for the front side), and KRW 329,000 with the siren.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 9, purport of whole pleadings

2. The parties' assertion and judgment

A. The second accident of the Plaintiff’s assertion occurred due to the fault of the Defendant’s vehicle. As such, the Defendant should pay to the Plaintiff the repair cost of the Plaintiff KRW 11,030,00 (the repair cost of the Plaintiff’s front vehicle KRW 4,634,00, the repair cost of the Plaintiff’s front vehicle of KRW 164,50, the front vehicle of KRW 500, the repair cost of the front vehicle of KRW 3,971,00, the rear part of the front vehicle of KRW 500, the repair cost of the Plaintiff’s front vehicle of KRW 3,500, the rear part of the front vehicle of KRW 50,00).

B. The defendant's second accident is caused by the negligence of the plaintiff's vehicle and the defendant's vehicle. Since the second accident occurred due to the second accident of only 50% of the repair cost of the plaintiff's front vehicle, the defendant is liable for the payment of the compensation amount only within the limit of 4,686,625 won.

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