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(영문) 서울중앙지방법원 2014.06.12 2013가단5139362
구상금
Text

1. The Plaintiff’s KRW 40,081,905 as well as the annual rate of KRW 5% from July 3, 2013 to June 12, 2014 to the Defendant.

Reasons

1. Facts of recognition;

A. The gold-speed high-speed corporation (hereinafter only referred to as gold-speed corporation) concluded a bus mutual aid agreement with the Plaintiff Jeonnam branch with respect to the Plaintiff’s A bus owned by it (hereinafter referred to as the “Plaintiff’s vehicle”), and the Defendant concluded a bus mutual aid agreement with the Plaintiff Gyeongnam branch with respect to the Plaintiff’s B bus owned by it (hereinafter referred to as the “Defendant”).

B. On October 26, 2012, around 12:00, at the bus exclusive lane of 380 KK (one lane) located on the expressway, the Defendant: (a) concealed the Plaintiff’s vehicle in front of the vehicle stopping at the stop of the vehicle; (b) concealed the Defendant’s vehicle; (c) due to this shock, the Plaintiff’s vehicle was shocked the front car vehicle; (d) led the Plaintiff’s vehicle to a two-lane, and (e) continued to drive the Defendant vehicle while driving the vehicle.

As a result, there was an accident in which the driver and the plaintiff's passenger are injured (hereinafter the accident in this case).

At the time, car-free vehicles were vehicles that should not enter bus exclusive lanes.

C. On December 26, 2012, the gold-gu notified the Defendant that the Plaintiff’s vehicle damage occurred to KRW 41,718,958, including the leave fee. The gold-gu and the Defendant agreed that the physical damage was 35,000,000, and the Defendant and the Gyeongnam Branch together paid KRW 35,000,000 to gold-gu.

The plaintiff (the plaintiff Jeonnam Branch) paid the amount of 53,442,540 won in total to five passengers of the plaintiff vehicle and six drivers of the Kanman vehicle for compensation for medical expenses, etc., and the amount of 4,97,300 won in total to the plaintiff's 10% of the illegal operation negligence of the bus exclusive lanes of the Kanman vehicle was considered to be 10%, and returned to the plaintiff's 4,997,30 won in return from the Hendong Fire Insurance Co., Ltd., the insurer of the Kanman

E. On July 26, 2013, the Plaintiff Gyeongnam Branch against the Plaintiff Jeonnam Branch regarding mutual aid money that the Plaintiff Gyeongnam Branch paid to the Defendant vehicle passengers, etc.

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