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(영문) 서울남부지방법원 2014.10.29 2014가단207485

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A with respect to B vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to Csi (hereinafter “Defendant 1”) and D taxi (hereinafter “Defendant 2”).

B. At around 04:40 on August 20, 201, E driven the Plaintiff’s vehicle, driving the Plaintiff’s vehicle, and driving three lanes in front of the Jin apartment model located in Busan Dongdong-gu, Busan, in front of the 3-lane of the Jin apartment model, from the international newspaper to the inner intersection, he was parked in front of the Plaintiff’s vehicle to get off the passenger F as the front part of the Plaintiff’s vehicle while he stopped in order to get off the passenger F, and shocked the back of the Defendant 1’s vehicle and carrying the back of the Defendant 2 vehicle standing in front and the Defendant 2’s vehicle.

As a result, F suffered bodily injury, such as f, such as f, h, the escape card of a conical signboard escape, cut G not well, and a combination of the right-hand kes, and suffered bodily injury such as h, the upper right-hand ke.

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

On the other hand, at the time of the instant accident, Defendant 2’s vehicle used emergency lights while carrying passengers G and H animals in order to board the passengers G and H, and stopped on the crosswalk among the three-lanes of the said road, and Defendant 1’s vehicle was trying to stop near the crosswalk.

[Ground of Recognition] A’s without dispute, Gap’s evidence 1, Gap’s evidence 2, Gap’s evidence 28-1 through 23, Gap’s video CD verification result, the purport of the entire pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that the accident in this case occurred both the negligence of the defendant 1 and the driver of the two vehicles and the negligence of E, who illegally stopped on the crosswalks where parking and stopping is prohibited under the Road Traffic Act. The negligence ratio is 70% E, 10% the negligence of the driver of the one vehicle, and 20% the negligence of the driver of the two vehicle, so the defendant is among the total insurance money paid by the plaintiff to the plaintiff to F, G, and H, 219,981,090 won.

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