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.

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the owner B with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”).

The defendant is the owner of C Bus (hereinafter referred to as "Defendant vehicle") who is engaged in the passenger transport business.

B. On July 29, 2014, around 13:05, there was a drilling accident between the Defendant’s vehicle and the Plaintiff’s vehicle seeking to re-enter the bus after stopping in the vicinity of the bus stops located adjacent to the new bus stops in Ansan-si, Seoul Special Metropolitan City. (hereinafter “instant accident”).

(see, e.g., the accident site). (c)

With respect to the instant accident, the Plaintiff paid KRW 4,338,720 to Nonparty D, E, and F each medical fee and agreed amount, and the repair cost of the Plaintiff’s vehicle in accordance with the said comprehensive automobile insurance contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. The main point of the cause of the claim is that the accident in this case occurred when the driver of the Plaintiff, who believed that the Defendant’s vehicle stops on the wind that the Defendant’s vehicle is trying to stop, was trying to change the vehicle, and thus, the negligence of the Defendant’s vehicle is 40%. Thus, the Defendant should pay to the Plaintiff the KRW 1,735,48 (40% of the medical expenses, agreed money, and vehicle repair expenses paid by the Plaintiff) and the delay damages.

B. In full view of the evidence as seen earlier and the screen images of Gap evidence No. 7, the instant accident appears to have occurred in the direction of the plaintiff's vehicle moving toward the left side of the defendant's vehicle, and from the defendant's driver's perspective, it is difficult to find that the instant accident occurred in the situation where the plaintiff's vehicle was moving toward the road of the defendant's vehicle, and it is difficult to view that the defendant's vehicle was negligent, in addition to the fact that the location where the accident occurred was near the bus stop.

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