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(영문) 서울중앙지방법원 2017.04.27 2015가단5349422

구상금

Text

1. The Plaintiff:

A. The National Federation of Bus Transport Business Associations of Korea is KRW 4,726,103, and the amount of such KRW 15,00 on October 15, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into an automobile mutual aid agreement with A and B (hereinafter “Plaintiff bus”) with respect to the term of the contract for the cross-country bus B owned by A and A (hereinafter “Plaintiff bus”). From September 3, 2014 to September 2, 2015, the term of the contract is determined.

(2) The Defendant National Federation of Bus Transport Business Associations (hereinafter “Defendant Federation”) is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to D tourist buses owned by C and C (hereinafter “Defendant bus”).

(3) Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurer who has concluded a comprehensive automobile insurance contract with respect to the EPoter vehicle (hereinafter “Defendant Cargo”).

B. Around 12:55 on April 28, 2015, F operated the Plaintiff bus, followed the Olympic Games, which is four-lanes of G in Gangseo-gu Seoul Metropolitan City, along with three-lanes from the Gayang Bridges. At the time H driven an I airport bus (hereinafter “I airport bus”), and followed the Plaintiff bus on the same lane.

(2) On the other hand, before that, while the J had previously loaded and transported bit leasing on the Defendant’s cargo vehicle in the front direction of the bus operation, it did not properly fix the bit leasing on the road surface while carrying the bit leasing on the Defendant’s cargo vehicle. After the locking, K, which was operating the Defendant bus after the locking, discovered the said bit leasing and was driving on the said bit leasing in order to draw up the said leasing, and the Defendant bus stopped over 3 and 4 lanes, and moved off the bit leasing along 4 lanes.

(3) Nevertheless, F is found to have been under way by neglecting the duty of the front line, and F is found to have been under way due to erroneous determination and proceeding as it is, but the next situation is delayed and the bus line is changed rapidly to two lanes.

After receiving the right side of the L driver's MM on the two-lane, the part behind the Defendant bus was received, and the first part is the same.