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(영문) 서울중앙지방법원 2015.03.19 2014나12682

구상금

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. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to Bros vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who has entered into a mutual aid agreement with respect to C bus (hereinafter “Defendant bus”).

B. On October 27, 2012, the driver of the Plaintiff’s vehicle A: (a) driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle at a point of 363 km (hereinafter “vehicle driving along a bus”) located on the right side of the road along a two-lane; (b) discovered that the D Kanb in the front side of the road (hereinafter “vehicle”) reduces the speed to change the route into a two-lane; (c) Defendant bus following the Plaintiff’s vehicle did not reduce the speed of the vehicle, and (d) concealed the back part of the Plaintiff’s vehicle without reducing the speed of the vehicle.

(hereinafter referred to as the "accident of this case").

At the time of the instant accident, the location of the instant accident was an expressway where the bus exclusive lane was implemented, and the Plaintiff’s vehicle was not a vehicle that is allowed to travel along the expressway exclusive route according to the Road Traffic Act and the Enforcement Decree of the Road Traffic Act as the relationship where less than six persons are on board.

On November 23, 2012 and December 4, 2012, the Plaintiff paid KRW 11,540,000 (payment of KRW 11,790,000 for repair expenses, KRW 250,000 for repair expenses) in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 5, Eul evidence No. 6-1 to 20, and the purport of the whole pleadings.

2. The assertion and judgment

A. The parties' assertion that the accident in this case occurred due to the unilateral negligence of the defendant bus driver who neglected the duty at the time of the front-time without securing the safety distance. Thus, the defendant asserts that the defendant is obligated to reimburse the plaintiff who subrogated A the amount equivalent to the repair cost paid by the plaintiff at KRW 11,540,000 and the damages for delay.

The defendant is negligent in operating the plaintiff's vehicle in violation of the bus exclusive road system.