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(영문) 서울중앙지방법원 2016.09.13 2016가단5064650
구상금
Text

1. The Defendant’s KRW 21,062,432 as well as the Plaintiff’s KRW 5% per annum from December 29, 2015 to September 13, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid association that entered into a mutual aid agreement with B urban bus driven by A (hereinafter “Plaintiff’s bus”), and the Defendant is an insurer that entered into liability insurance and a substitute water insurance contract with D Obane driven by C (hereinafter “Defendant’s Obane”).

B. A, around 12:00 on July 1, 2013, driven the Plaintiff’s side bus and driven the 3 and 4 lanes (the four lanes are the bus exclusive lanes) of the 55-lane Do road (hereinafter “the instant road”) in the new west of Jongno-gu Seoul (hereinafter “the instant road”) from the intersection of the three-lane intersections, and concealed the Defendant’s front part of the Defendant, which was driven around the Plaintiff’s bus before the Plaintiff’s side (hereinafter “the primary drilling”), and led the Defendant’s front part of the west (hereinafter “the instant accident”). The Plaintiff’s bus continued running along the Plaintiff’s side bus to stop on the front side (hereinafter “the instant accident”).

C. From July 2013 to December 28, 2015, the Plaintiff paid KRW 90,337,059 as indicated in the column for “a total amount of damage” in the “the details of payment of mutual aid money for buses passengers, etc.” (i.e., medical expenses, consolation money, litigation expenses, etc.) and paid KRW 16,342,00 as repair expenses for taxis and buses, etc., and the Defendant’s liability limit amount for the instant accident is as indicated in the column for “the amount of insurance money for liability according to the grade of injury” of the “the details of the payment of mutual aid money for passengers, etc.” in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 4-1, 2, Gap evidence 6 through 44 (including paper numbers), Eul evidence 1-1, 2-2, Gap evidence 5 video, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident of this case is not only driving a bus exclusive lane, the entry of which is prohibited, but also without direction.

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