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(영문) 서울남부지방법원 2020.11.19 2020나57118
구상금
Text

1. The plaintiff's appeal is dismissed.

2. In accordance with the expansion of the purport of the claim by this court, the defendant on 1,015 to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant”).

B. On October 19, 2019, around 17:15, the Defendant’s vehicle, which was parked in a two-lane from the rear part of the Plaintiff’s vehicle standing on the two-lanes to make a right-hand side at the said intersection, was shocked by the front one.

Accordingly, while the Plaintiff’s vehicle was pushed ahead of the vehicle immediately front of the Plaintiff’s vehicle (hereinafter “the primary accident”), the vehicle driven the E vehicle with the direction of the intersection, and the vehicle driven the F where the vehicle was parked on the crosswalk by a road crossing (hereinafter “the second accident”). C.

As shown in the [Attachment], the Plaintiff paid KRW 7,307,00,000, excluding KRW 500,000,000, out of the aggregate of the repair cost of the Plaintiff’s vehicle due to the primary accident, as shown in the [Attachment], and paid KRW 25,864,50,00 in aggregate to F in the name of compensation and treatment for the second accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, evidence 7 through 9, evidence 11, each entry and video of Eul evidence 1 through 4, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's alleged vehicle was a stop for the right-hand transfer at the time of the first accident, and there was no negligence in the vehicle operation.

The first accident occurred after the Defendant’s vehicle’s strong towing of the Plaintiff vehicle, and the second accident occurred due to its shock. Therefore, the first and second accidents should be deemed to have occurred entirely due to the mistake of the Defendant’s driver.

B. (1) Determination is based on the source of the 1 and the 2nd accident, and the 1 and the 1st accident, which can be known by the evidence mentioned above, as well as the 1 and the 2nd accident.

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