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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the Plaintiff’s bus B (hereinafter “Plaintiff’s vehicle”).
B. At around 21:00 on October 23, 2013, C driven the Plaintiff’s vehicle, driving the Plaintiff’s vehicle in the direction of Han River at the Networkwon post office located in the 81-lane 81-ro, Mapo-gu Seoul, Mapo-gu, and stopped the Plaintiff’s vehicle and opened a lower door to have passengers get off the Plaintiff’s vehicle. While driving a bicycle at the right side of the Plaintiff’s vehicle and driving the bicycle along the two-lane of the said road, the Defendant suffered injury, such as “a closed light railing softing”, which requires the Plaintiff’s treatment for approximately eight weeks, while passing the right side of the Plaintiff’s vehicle.
(hereinafter “instant traffic accident”). C.
The point where the instant traffic accident occurred is in the vicinity of the one lane and the two lanes of the two-lane roads, and there was about 6 meters away from the bus stop place located in the intersection, which is a space between the crosswalk stop line and the crosswalk.
In addition, at the time of the instant accident, vehicles were parked on the two-lanes on the roads where the Plaintiff’s vehicle and the Defendant’s bicycle run, but the Defendant was driving the said two-lanes between the Plaintiff’s vehicle and the foregoing parked vehicles.
In accordance with the above insurance contract, the Plaintiff paid KRW 17,823,380,00 to D, from February 18, 2014 to April 19, 2016, totaling KRW 17,823,380.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each branch number, if any; hereinafter the same shall apply), Eul evidence Nos. 1 and 4, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The instant traffic accident is the negligence that the Plaintiff’s driver stops at the one-lane crosswalk of the two-lane 6 meters away from the bus stop to get off the passengers.