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(영문) 서울남부지방법원 2018.07.13 2017나66440
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for the BMF6 car owned by A (hereinafter “Plaintiff”), and the Defendant is the Federation of Business Associations which entered into a mutual aid contract for C Tourist Bus (hereinafter “Defendant Bus”).

B. On January 20, 2017, around 18:05, the Plaintiff’s vehicle is running one lane (the first lane is the exclusive lane for left-hand) among the three lanes near the Gyeonggi-do Office. The Defendant bus runs two lanes (the second lane is the immediately preceding lane, and the third lane is the combined lane prior to the right-hand and right-hand) among the three lanes in the same direction.

Plaintiff

In the vicinity of the above place, the vehicle and the defendant bus continued to proceed to enter the left and right-hand turn signals of the crossing, and there was an accident that conflicts between the right-hand side of the plaintiff vehicle and the left-hand side of the defendant bus.

(hereinafter “instant accident”). C.

On January 26, 2017, the Plaintiff paid 264,750 won, deducting 200,000 won from the Plaintiff’s automobile repair cost as the insurer of A.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4, Gap evidence 5 and 6, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s bus is a traffic accident caused by one’s negligence on the part of the Defendant bus, inasmuch as the Plaintiff’s vehicle runs across one-lane while driving on the front side and the right side by neglecting such a duty of care, thereby causing an accident of collision between the Plaintiff’s vehicle and the Plaintiff’s vehicle going on one-lane.

The insurer under the Commercial Act seeks to pay the amount equivalent to the repair cost by subrogation of the insurer.

(2) The Plaintiff’s vehicle is an accident in which the Defendant’s vehicle did not turn to the left at the first lane and attempted to turn to the left, and the Defendant’s bus normally proceeded at the second lane, and thus, the Plaintiff is the Plaintiff.

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