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(영문) 서울중앙지방법원 2020.08.26 2019나67533

구상금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

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

B. At around 12:58 on April 29, 2019, the Defendant’s vehicle stopped in a bus stop in the south-gu Seoul metropolitan building E-gu, Seoul metropolitan area and fell down on the right side of the Plaintiff’s vehicle, which entered the vehicle’s main lane on the side while departing from the bus stop.

(hereinafter “instant accident”). C.

On May 13, 2019, the Plaintiff paid KRW 1,687,230 (excluding self-charges) for the repair cost of the Plaintiff’s vehicle due to the instant accident as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 5, and the purport of the whole pleadings

2. Determination

A. The evidence revealed as follows, i.e., ① the Plaintiff’s vehicle at the time of the instant accident appears to have attempted to change the lane rapidly in the direction of the Defendant’s vehicle without using the direction, etc., ② the Plaintiff’s vehicle could have sufficiently anticipated that the Defendant’s vehicle, which was parked in the bus stops, will start again after the passenger’s getting on and off the bus stops, ③ the Defendant’s vehicle was particularly rapidly starting at the time of the instant accident.

In full view of the fact that the accident in this case is not likely to proceed at a speed or rapid, and (4) the lane in which the Plaintiff’s vehicle attempted to change the bus line is a bus exclusive lane and the lane in which the entry of the Plaintiff’s vehicle was prohibited at the time of the accident, it is determined that the accident in this case was caused by the gross negligence of the Plaintiff’s vehicle.

B. According to the theory of the lawsuit, the plaintiff's claim of this case based on the premise that the defendant's fault exists in the occurrence of the accident of this case is without merit.

3. The plaintiff's claim should be dismissed as it is reasonable.