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(영문) 서울중앙지방법원 2015.10.08 2015나7151
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

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to A vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who entered into an automobile mutual aid contract with respect to B buses (hereinafter “Defendant bus”).

B. On September 29, 2013, at around 12:00, C driven the Defendant bus and proceeded with the first road near the E-owned station in Chungcheongnam-gun, Chungcheongnam-gun, in the vicinity of the west-gun, from the corner of the valley to the high-sea village village, and when the vehicle was going to go beyond the median line and going to the right side of the Plaintiff’s vehicle going to the left side of the left side in order to overtake the Plaintiff’s vehicle that was going to the front of the Defendant bus, the Plaintiff’s vehicle attempted to turn to the left left to the left side of the direction of the proceeding, and the collision between the left side of the Plaintiff’s vehicle and the Defendant bus’s right side (hereinafter “instant accident”).

C. By March 4, 2014, the Plaintiff paid KRW 2,737,690 for medical expenses and the agreed amount for the Plaintiff’s driver F with the insurance proceeds arising from the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1 and 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case was caused by the negligence that the defendant's vehicle in the front side of the plaintiff's vehicle, which was in the front side of the vehicle, went beyond the central line for the purpose of unfairly overtaking the plaintiff's vehicle, while confirming that the vehicle without the vehicle from the front side to the opposite line, and normally turn to the left, while the plaintiff's assertion that the accident in this case was caused by the negligence that the driver of the plaintiff's vehicle tried to turn to the left left more than the center line of the yellow-ray which is prohibited to turn to the left, and that the defendant

B. The following circumstances are revealed in addition to the evidence mentioned above and the overall purport of the pleadings, which are the facts found earlier.

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