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(영문) 서울중앙지방법원 2020.12.15 2020가단5170897

구상금

Text

The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff is a mutual aid insurer for C Bus (A driver D, hereinafter referred to as “Plaintiff bus”).

The defendant is a comprehensive motor vehicle insurance company for the E-to-land camping vehicle (owner F, driver G, hereinafter referred to as the "Defendant vehicle").

D On April 15, 2016, when driving the Plaintiff bus around 20:15, while driving the Plaintiff bus along one lane in front of the H apartment apartment in Bupyeong-gu, Orcheon-si, the victim I's J-wheeled vehicle (Otoba; hereinafter referred to as "victim's vehicle") front front part of the victim I's J-wheeled vehicle (Otoba; hereinafter referred to as the "victim's vehicle") driven beyond the center line of the yellow-si, Shicheon-si, and driving the Plaintiff bus at around 12 weeks, caused the victim's injury (hereinafter referred to as "the instant traffic accident").

The road structure around the site of the accident at the time is as follows (the actual survey report on the traffic accident prepared by the police; Ma1 vehicle is the plaintiff bus, Ma2 vehicle, the damaged vehicle, 1 vehicle is the defendant vehicle).

At the time of the instant traffic accident, there were illegal parking vehicles even in the parking prohibition area at the edge of the side edge of the vehicle in the direction of the Plaintiff bus driving direction and the side edge of the damaged vehicle, and the Defendant vehicle was one of the vehicles illegally parked on the side of the damaged vehicle driving direction.

D because vehicles parked at the side edge of a driving direction, they conflict with the damaged vehicles while driving over the center line on the left side of the body.

The damaged vehicle was shocked by the plaintiff bus to the right side, and stopped on the left side of the defendant vehicle, and the body of the defendant vehicle was also damaged in the process.

The injured party filed a lawsuit against the Plaintiff seeking compensation for damages caused by the instant traffic accident (Seoul Central District Court 2017Da5123259, hereinafter “related cases”), and in that case, a ruling of recommending reconciliation that “the Plaintiff shall pay KRW 300,000 to the injured party.”