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(영문) 서울중앙지방법원 2017.11.29 2017가단5131977
구상금
Text

1. The Defendant’s KRW 74,050,320 as well as the Plaintiff’s annual rate from August 18, 2017 to November 29, 2017, and the following.

Reasons

Basic Facts

The plaintiff in the automobile insurance or mutual aid relationship has taken over the automobile mutual aid of A bus (hereinafter referred to as "Plaintiff bus").

The Defendant acquired the automobile insurance of B4.5 tons of dump trucks (hereinafter “Defendant truck”).

On December 17, 2015, around 09:50 on December 17, 2015, C of the instant accident was operated by the Plaintiff bus and operated a lane in the direction of Masan-si, Chungcheongnamcheon-gun, Chungcheongnam-do, in the calculation of 248 lanes, which are one-lane roads in each way, the number 16-17 was passed (hereinafter “the instant accident site”).

The above road is in excess of the shores of the front end, and the accident site of this case is a bend, bend, and has a high retaining wall on the right side, as the direction of the plaintiff's bus operation, and the opposite direction lane is raised, one temporary lane for the truck such as the defendant's truck is enlarged, and the right side (on the basis of the direction of the plaintiff's bus operation, left side) is located under the right side of the road.

In addition, the accident site is a place where the central line of yellow solid lines is installed and the central line is prohibited from being invaded.

D while driving Defendant Trucks and driving one lane in the opposite direction of the above road, D has rapidly passed a bend part of the left side (on the basis of the direction of the Plaintiff bus driving) of 16-17 points in lot number 16-17, and returned to the lane where the Plaintiff bus, which was located on the opposite side of the road, was invaded by the central line and was found.

Plaintiff

Upon finding it, C, who operated a bus, immediately operated the bus, did not check the weight of the vehicle in the condition that the bus was completely operated, making approximately 14.1m unfolded to the extent that it exceeded half of the central line, and the plaintiff bus and the defendant truck conflict on the surface at the place above it.

(F) From the following day, the Plaintiff’s accident occurred, E, F, G, and H., a passenger of the Plaintiff bus due to the instant accident involving the payment of the Plaintiff’s mutual aid money.

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