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(영문) 서울중앙지방법원 2015.10.16 2015나20079

구상금

Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff is the insurer of the Plaintiff’s vehicle A (hereinafter referred to as the Plaintiff’s vehicle), the owner of the bus B (hereinafter referred to as the “Defendant Company”), and the Federation of the Korea Bus Transport Business Association (hereinafter referred to as the “Defendant Federation”) is the mutual aid business entity of the Defendant Company.

B. C, around 10:43 on August 9, 2013, driven the Plaintiff’s vehicle and stopped the fourth-lane road in the 635-dong, Dongdaemun-gu, Seoul, Dongdaemun-gu, along the four-lane which is the bus-only lane from the surface of the urban market distance to the blue-ri basin.

C. Meanwhile, D, while driving a bicycle on the rear side of the Plaintiff’s vehicle at the time, parked along the above four-lanes and stopped on the front side of the Plaintiff’s vehicle, D, while passing ahead the Plaintiff’s vehicle on the boundary where the two-lane yellow-sliding net lines between the three-lanes and the four-lanes for overtaking the Plaintiff’s vehicle, C, who opened the front door of the Plaintiff’s driver’s seat in order to avoid getting out of the Plaintiff’s vehicle, was faced with the front side of the Defendant’s front side of the Plaintiff’s vehicle while driving the vehicle at the rear side of the vehicle at the time of the end of the three-lane, was faced with the front side of the Defendant’s driver’s seat, and was used on the road immediately after that, resulting in injury, such as mination of the upper side of the Defendant’s vehicle and the front side of the non-standing executive laver.

(hereinafter referred to as the “instant accident”). D.

In relation to the instant accident, until May 9, 2014, the Plaintiff paid D insurance proceeds of KRW 52,693,090, including medical expenses, to D, and paid KRW 8,000 at the expense.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 1 (including each number if a paper number is attached) or video, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff alleged by the parties concerned, without examining whether the accident of this case proceeds from another vehicle, the plaintiff's driver's seat of the plaintiff vehicle.