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(영문) 서울중앙지방법원 2020.12.18 2020나17886

손해배상(자)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On October 12, 2018, Co-Defendant B of the first instance trial: around 12:35, the two-lanes of the distance intersection of the Aviation University located in Gyeyang-gu, Seoyang-gu, Yangyang-gu, 254, at the center of Kuyang-gu, the two-lanes of the two-lanes, from the search surface to the parallel of the parallel of the parallel at the search surface of the air University, and carried the left-hand turn in violation of the straight line signal at the right-hand intersection. The left-hand turn-hand turn-hand turn-hand turn-hand turn-oned part of the E New Airport bus (hereinafter “Defendant bus”) located in the central lane of the bus in this direction was received as the front left-hand part of the Defendant Oba.

Meanwhile, after the collision with Defendant Oraba, the driver of the Defendant shuts down the intersection with the intersection, and shocked the left-hand part of the G sticked vehicle (H model 28m; hereinafter “Plaintiff C stick”) parked on the front of the F point into the front part of the Defendant bus. Accordingly, the Plaintiff C stick caused an accident that shocks the F strawer’s outer wall of the building and shocks the F strawer’s outer wall (hereinafter “instant accident”).

B. The Plaintiff is the Plaintiff’s owner, and the Defendant is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with respect to Defendant bus.

C. From April 29, 2019 to July 26, 2019, the Plaintiff paid KRW 85,800,000 of the repair cost to I Co., Ltd., which accepted the Plaintiff Company, as the repair cost of KRW 85,80,00. According to the schedule of the leave fee set by the JJ agency, the daily leave fee of Plaintiff Crein (the 28m of the filing of the complaint work) is KRW 204,230.

The Plaintiff received insurance money of KRW 47,054,00 from K Co-Defendant B, Ltd., which concluded an insurance contract with Defendant Obane, as the repair cost and the rest fee for Plaintiff Crein.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, entry of Eul evidence 1 and the purport of whole pleadings

2. The assertion and judgment

A. The following circumstances, i.e., the instant accident, which is acknowledged in addition to the purport of the entire arguments, are installed.