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(영문) 대전지방법원 천안지원 2018.11.14 2017가단10431
구상금
Text

1. The Defendant’s KRW 35,843,552 as well as the Plaintiff’s annual rate from October 12, 2017 to October 30, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to C Freight Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into an automobile insurance contract with respect to D Freight Vehicles (hereinafter “Defendant”).

B. On August 31, 2017, at around 22:50, the Plaintiff’s vehicle was running on the 43th national highway (exclusive road) in the sprinking area, which was due to the negligence of neglecting the duty of sprinking the Defendant’s vehicle, which was parked on the two-lanes of the two-lanes prior to the 1km of the North guard road, and was moving back to one-lane, and the remaining part of the Defendant’s vehicle was shocked on the right side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

On October 11, 2017, the Plaintiff disbursed KRW 89,608,880 to compensate for damage, etc. caused by the instant accident.

【Fact that there has been no dispute, Gap 1-6 evidence, and the purport of the whole pleadings】

2. The assertion and judgment

A. The plaintiff's assertion 1) The accident of this case occurred when the defendant's vehicle stops on the two-lanes of the exclusive road and the negligence of the plaintiff's vehicle occurred. Since the negligence of the driver of the defendant's vehicle constitutes 40%, the defendant is obligated to pay the plaintiff the indemnity amount of KRW 35,843,552 (=8,880 x 40%). The defendant's vehicle at the time of the accident of this case was a two-lane road in which the defendant's vehicle was parked at the time of the accident of this case, and there was no problem of securing the road at the time of the accident of this case. Since the driver of the defendant's vehicle, the driver of the vehicle of this case, who was a driver of the defendant's vehicle, was allowing another vehicle to pass smoothly, and thus, the accident of this case caused the accident of this case by negligence while neglecting the duty of attention.

The instant accident is the Plaintiff’s vehicle.

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