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(영문) 서울남부지방법원 2016.05.13 2016나50820
구상금
Text

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

Facts of recognition

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract for a motor vehicle with respect to a sealed truck A1 ton (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement for B bus (hereinafter “Defendant bus”).

B. On February 26, 2015, around 12:48, the four-lane roads in front of D in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, while changing the lane to four-lanes in order to attempt the entry into the alley road on the side on which the Plaintiff’s vehicle driven along the three-lanes, and going into the alley road on the direction, the part on the left side of the Defendant bus proceeding to four-lanes in the same direction was shocked into the right side of the Plaintiff’s vehicle.

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

In the instant accident, passengers E, who were aboard Defendant Bus, suffered from injury, such as pressure drums, etc. No. 2 in the 2nd century, and the Plaintiff paid the total amount of KRW 9,471,410 as medical expenses until May 28, 2015.

[The degree of occurrence of the accident in this case] [the ground for recognition] without dispute, Gap evidence 1 through 9 (including the number of pages), Eul evidence 1 and Eul evidence 1, and the purport of the whole pleadings, the plaintiff's argument that the defendant bus stops in the bus stop at the bus stop but did not properly look at the plaintiff's movement due to the violation of the duty of the left and right and the front stop, it is reasonable to 80% view the negligence of the defendant bus as 80%.

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 7,577,120 equivalent to the ratio of negligence among the above insurance proceeds of KRW 9,471,410 and delay damages.

Judgment

According to the following circumstances revealed in the above facts and the argument of this case, according to the video of the evidence No. 1 of this case, the defendant bus started from the bus stops after completing passenger getting on and off the bus stops and proceeds in four lanes. At the time of departure, the left side of the defendant bus is left.

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