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(영문) 서울중앙지방법원 2020.06.10 2019나22820 (1)
구상금
Text

1. The plaintiff's incidental appeal and the claim extended by this court and the defendant's appeal are all dismissed.

2. Costs of appeal.

Reasons

1. Basic facts

A. The status of the parties is the insurer who has entered into an automobile insurance contract with respect to the D vehicle (hereinafter “Plaintiff”), and the Defendant is the mutual aid business operator for the E bus (hereinafter “Defendant bus”), and the Plaintiff’s supplementary intervenor is the Plaintiff’s insured and driver at the time of the accident.

B. (1) On September 1, 2018, the Plaintiff’s Intervenor driven the Plaintiff’s vehicle on September 16, 2018, and driven the two-lanes between the four-lanes (including central bus exclusive lanes) of the signal apparatus in the street direction of the Seoul Jongno-gu Seoul, Jongno-gu, in accordance with the straight-line signal of signal apparatus.

(2) While Defendant bus driven along the Plaintiff’s vehicle on the three-lane, and changing its course to the two-lane, Defendant bus driven the Plaintiff vehicle on the backer of Defendant bus driver’s seat.

(hereinafter “instant accident”). At the time of the instant accident, the driving speed of the Plaintiff’s vehicle was around 23.0km/h, and the driving speed of Defendant bus was about 37.1km/h. Based on this, there is a traffic accident analysis report by the Road Traffic Authority (H assessment result) that the possibility of causing injury to the Plaintiff’s passengers due to the instant accident is low.

(3) After the instant accident, the Plaintiff’s Intervenor and I, who is the passenger of the Plaintiff’s vehicle, have undergone a diagnosis that each of the light fluoral base and the fluoral base, J and K need to be treated at two to three weeks with each of the luoral base, respectively. The Plaintiff’s Intervenor and I destroyed the bluor, wheelchairs, wheel, pans, and typists on the right side of the Plaintiff’s vehicle.

(4) By October 30, 2018, the Plaintiff paid KRW 55,330 with the insurance money of the Plaintiff’s Intervenor, KRW 204,090 with the insurance money of the Plaintiff’s Intervenor, KRW 302,770 with the insurance money of K, and KRW 302,770 with the insurance money of the J, and KRW 302,770 with the insurance money of the J. The Plaintiff paid KRW 1,562,00 with the insurance money of KRW 312,00 with respect to the loss of the Plaintiff’s vehicle. The insurance money of KRW 2,114,960 with the insurance money of KRW 1,250 with respect to the loss of the Plaintiff’s vehicle.

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