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(영문) 서울중앙지방법원 2015.02.16 2014가단5150748
구상금
Text

1. The Defendants: (a) KRW 10,538,618 for each Plaintiff and KRW 5% per annum from May 9, 2014 to February 16, 2015.

Reasons

1. Basic facts

A. The Plaintiff is the insurer of the Plaintiff’s vehicle A (hereinafter “Plaintiff”), and the Defendant Hean Transport Co., Ltd. (hereinafter “Defendant Company”) is the owner of the bus B (hereinafter “Defendant”), and the Federation of the Defendant National Bus Transport Business Association (hereinafter “Defendant Federation”) is the mutual aid business operator of the Defendant vehicle.

B. C, around 10:43 on August 9, 2013, driven the Plaintiff’s vehicle and stopped the fourth-lane road in the 635-dong, Dongdaemun-gu, Seoul, Dongdaemun-gu, along the four-lane which is the bus-only lane from the surface of the urban market distance to the blue-ri station.

C. Meanwhile, D, while driving a bicycle on the rear side of the Plaintiff’s vehicle at the time, driven the Plaintiff’s vehicle on the front side while standing the said four-lane, and passing ahead the Plaintiff’s vehicle on the boundary between three-lane and four-lanes in order to overtake the Plaintiff’s vehicle, D, in order for C to get out of the Plaintiff’s vehicle, she opened the driver’s seat of the Plaintiff’s vehicle, and D, in order to avoid the vehicle’s getting out of the Plaintiff’s vehicle, she faced with the Defendant’s front side of the vehicle’s front side of the Plaintiff’s vehicle, which was going into the front side of the Defendant’s front side of the vehicle at the end of the three-lane, she faced with the Plaintiff’s driver’s seat, was used on the road, and immediately thereafter, she suffered injuries, such as light fluor and non-standing fluorization of the front side of the Defendant’s vehicle.

(hereinafter “instant accident”). D.

In relation to the instant accident, until May 9, 2014, the Plaintiff paid D insurance proceeds of KRW 52,693,090 for medical expenses, and paid KRW 8,000 for expenses.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 6-1 through 10, Eul evidence 1-1 to 3, and the purport of whole pleadings

2. Determination

A. The Plaintiff’s assertion that the joint tort constituted one party is constituted. The instant accident occurred by the negligence of the Plaintiff and the Defendant’s driver.

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