logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.26 2020나40831
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a mutual aid agreement on D business-use taxi owned by C Co., Ltd. (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into a mutual aid agreement on E bus (hereinafter “Defendant vehicle”).

B. On August 11, 2019, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle on a 10:10-lane, and stopped after changing the course to the four-lane in order to let the passengers get off the vehicle while driving the three-lane road in front of the west-dong, Seoul Special Metropolitan City, Nowon-gu. In such a case, the Defendant’s vehicle driving at the four-lane was at a rapid stop in order to avoid drilling with the Plaintiff’s vehicle parked in the front, thereby causing the injury (hereinafter “instant accident”).

C. From September 18, 2019 to October 17, 2019, the Plaintiff paid the mutual aid amount of KRW 3,740,450 in total with F’s medical expenses and agreed amount.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserted 1) The plaintiff is negligent in neglecting the duty to take passenger safety measures by finding the plaintiff's vehicle parked in violation of the duty to stop on the front line and finding the plaintiff's vehicle late, making the plaintiff's vehicle suddenly operated, and making the defendant's passenger wear the safety belt or knife the loss. Since the negligence ratio of the defendant's vehicle's driver contributed to the occurrence of the accident in this case is 50%, the defendant is obligated to pay 1,870,25 won, which is 50% of the mutual aid money paid by the plaintiff to the plaintiff. 2) Accordingly, the defendant is obliged to pay 1,870,25 won, which is 50% of the mutual aid money paid by the plaintiff to the plaintiff. 2) Since the defendant's vehicle stops the vehicle after changing the vehicle's exclusive lane into the four-lane which is the bus lane, the accident in this case occurred due to the plaintiff's fault.

arrow