beta
(영문) 서울중앙지방법원 2020.07.09 2018가단5117749

구상금

Text

1. The Defendant’s KRW 34,371,744 as well as 5% per annum from May 25, 2018 to July 9, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C-Vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to D buses (hereinafter “Defendant buses”).

B. On April 29, 2017, E driven the Plaintiff’s vehicle on April 18:16, 2017, while driving the two-lane of the three-lane road in front of the Seoul Gwangjin-gu Seoul Special Metropolitan City, the two-lane of the two-lane road from the military intersection. Defendant bus driven the three-lane of the above road prior to the Plaintiff’s vehicle in the vicinity of the two-lane line with the Plaintiff’s vehicle at a reduced speed while driving the three-lane in the same direction as the Plaintiff’s vehicle, and attempted to change the two-lane vehicle in front of the Plaintiff bus without turning the direction, etc. on the front side of the Defendant bus.

다. 원고 차량은 이를 피하기 위하여 좌측으로 핸들을 급하게 조작하여 위 도로 중 1차로로 진로를 변경하면서 때마침 위 1차로에서 원고 차량과 같은 방향으로 진행해 오던 택시(이하 ‘피해 택시’라 한다)와 충돌하였고, 그 충격으로 원고 차량이 튕겨 나가면서 위 도로 오른쪽 인도에 있던 미용실과 편의점에 돌진하는 사고(이하 위 충돌 및 돌진 사고를 통틀어 ‘이 사건 사고’라 한다)가 발생하였다. 라.

On May 24, 2018, the Plaintiff finally paid KRW 85,929,360,00 in total, including the costs of repairing the Plaintiff’s vehicle, beauty art room, compensation for damage to convenience store, taxi drivers, beauty art room owners, customers, drivers of the Plaintiff’s vehicle, and medical expenses for the same passengers, etc. in accordance with the Plaintiff’s terms and conditions.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 11 through 19, Eul evidence 1-1 to 15, the purport of whole pleadings

2. The parties' assertion

A. The Defendant bus did not keep the minimum safety distance and did not turn on the direction light.