(영문) 대구지방법원 2015.01.30 2014가단117073

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(영문) 대구지방법원 2015.01.30 2014가단117073

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a mutual aid agreement with the bus A (hereinafter referred to as “Plaintiff”) in the Newcheon-si, New-si, Inc., and the Defendant entered into a mutual aid agreement with the B cab (hereinafter referred to as “Defendant”) in the monthly taxi company.

B. On August 24, 2013, at around 22:18, C: (a) driven the Defendant vehicle, driving the Defendant vehicle, and driving the two-lane of the three-lane road in the front line of the Seoul Pwho-dong Seoul Pwho-dong Customer Center at the time of racing from the Western Pwho-si to the Western Pwho-si; (b) changed the two-lane to the three-lane line to enter the racing funeral hall; (c) there was a conflict between the rear part of the Defendant vehicle in front of the Plaintiff of D driving, who is proceeding three-lanes in the same direction after the mast, and

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

Due to the instant accident, the passenger E suffered from injury, such as a plehion pressure pressure.

Meanwhile, at the time of the instant accident, the lower level of the road was sucked. D.

As a result of the review of relevant data, the committee for deliberation on indemnity disputes decided that the negligence of the Plaintiff’s vehicle in the instant accident shall be 40%, and that the negligence of the Defendant’s vehicle shall be 60%, and that the Plaintiff shall pay KRW 21,881,164 equivalent to the negligence of the Plaintiff’s vehicle out of KRW 54,702,910 paid to E as automobile accident compensation.

On July 22, 2014, the Plaintiff paid KRW 21,881,160 to the Defendant.

[Ground of recognition] No dispute, Gap evidence 1 to 7 (including paper numbers), Eul evidence 1 to 6 (including paper numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the Defendant vehicle was changed from the two lanes to the three lanes on his own. The Plaintiff’s driver could not at all anticipate that the Defendant vehicle was changed to the three lanes on his own. Therefore, the instant accident occurred by the Defendant’s total negligence.

Accordingly, the Plaintiff.

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