손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff is the owner of a bus A (hereinafter “Plaintiff”), who runs an urban bus transportation business, etc., and the Defendant is a company that entered into a comprehensive automobile insurance contract with respect to B automobiles (hereinafter “Defendant”).
B. Around 17:03 on December 11, 2015, while driving the Defendant’s vehicle and driving it in the direction of Daejeon to the area located in the Dong-gu Daejeon, C conflicts with the Plaintiff’s vehicle, a bus driver affiliated with the Plaintiff, driving a bus driver affiliated with the Plaintiff, while driving it to turn to the left at the right right on the front side of the D Senior Citizens Care Center.
E, in order to avoid collision at the time, the direction of the progress of the Plaintiff’s vehicle was directed toward the left side, and the dry field was set up beyond the central line, and the second collision was made with the dry field crops.
(hereinafter referred to as “instant accident”). C.
The Defendant filed a lawsuit against the Federation of Seoul Central District Court 2016Da5172629 against the Plaintiff’s Federation of Bus Transport Business Associations that concluded an insurance contract with respect to the instant vehicle by asserting that the Plaintiff’s negligence was 40% of the insurance proceeds paid by the Plaintiff’s driver of the instant accident. However, on October 19, 2016, the said court dismissed the Defendant’s claim solely on the ground that the instant accident occurred due to the negligence of the Defendant’s driver, and the Defendant appealed as Seoul Central District Court 2016Na65710, but dismissed the Defendant’s claim on March 22, 2017, and the final judgment became final and conclusive by withdrawing the appeal on May 15, 2017.
Meanwhile, at the time of the instant accident, the remaining value of the Plaintiff’s vehicle is KRW 23,026,800, and the Plaintiff scrapped the Plaintiff’s vehicle due to the instant accident, and received KRW 1 million from the Yong-Nam Factory Industry.
In addition, the Plaintiff suffered damages of KRW 300,000,000 for towing expenses, KRW 1,085,200 for towing expenses for ten days, and KRW 1,012,00 for the purchase and installation of black boxes.
The defendant is out of the amount of damages as above.