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(영문) 의정부지방법원 2019.07.16 2019나228
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The following facts may be found either in dispute between the parties or in each entry or image of Gap evidence 1 to 5, by integrating the whole purport of the pleadings:

The plaintiff is a mutual aid business operator who has entered into a mutual aid agreement for D vehicles owned by C (hereinafter referred to as "Plaintiff vehicle"), and the defendant is a mutual aid business operator who has entered into a mutual aid agreement for E vehicles (hereinafter referred to as "Defendant vehicle").

B. At around 00:45 on November 16, 2017, the Defendant’s vehicle driven one lane on the two-lane road near the Daedong Station in Goyang-si, Yangyang-si, in order to have passengers on the right-hand side of the direction, changed the vehicle rapidly into the two-lane in order to have the passengers on the right-hand side of the vehicle in front of the left-hand part of the Plaintiff’s vehicle, where the Defendant driven two-lanes on the right-hand side, and shocked the part on the left-hand side of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

On January 9, 2018, the Plaintiff paid 5.10,000 won for the repair cost of the Plaintiff’s vehicle as mutual aid to the said C due to the instant accident.

2. The assertion and judgment

A. The Plaintiff’s driver of the Plaintiff’s vehicle could not anticipate the replacement of the Defendant’s vehicle in the course of the instant accident, and the Plaintiff’s driver’s negligence did not exist since it was inevitable for him to avoid it. Therefore, the Defendant, who is the right of indemnity, should pay the Plaintiff the full amount of the repair cost of KRW 5.10,000 paid

B. According to the above evidence, the defendant vehicle was travelling ahead of the plaintiff vehicle at the time of the accident in this case, and the plaintiff vehicle was passing ahead of the other vehicle at the time of the accident in the first way and the second way, and it was a situation in which the vehicle was passing ahead of the defendant vehicle before the accident in this case after changing the vehicle to the second way on the right side of the vehicle in this case. The defendant vehicle driver found the passenger on the right side side of the main direction, and the vehicle is passing ahead of the two lanes from the first to the second way in order to load the passenger.

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