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(영문) 울산지방법원 2018.06.20 2017나2854
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with A and B owned private taxi vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer that entered into a comprehensive motor vehicle insurance agreement with C with D (hereinafter “Defendant vehicles”).

B. At around 18:15 on February 16, 2017, A, while driving the Plaintiff’s vehicle, was charged with the Defendant’s vehicle driven by C, who was on the part adjacent to the Plaintiff’s vehicle, at the entrance distance at the entrance of Tae-dong Tae-dong Tae-dong, Ulsan-gu, Busan-do, and was charged with a non-protective circuit.

(hereinafter “instant accident”). C.

In the instant accident, E, a passenger on board the Plaintiff’s vehicle, suffered injury to brain-dead sugar, etc. with no open two places for treatment for about two weeks, and the Plaintiff paid KRW 3,174,950 in total to E from March 10, 2017 to April 18, 2017.

[Reasons for Recognition] Unsatisfy, entry and video of Gap evidence 1 through 7, 9 through 11, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident was caused by the negligence of the Plaintiff’s driver and the negligence of the Defendant’s driver, who did not perform the duty of charging attention and did not perform the duty of charging attention while keeping the Defendant’s vehicle in a non-protective line, who did not sufficiently verify the Defendant’s vehicle that was directly engaged in on the opposite line while driving in a non-protective line.

Since the negligence ratio of the Defendant’s driver on the instant accident is 20%, the Defendant is obligated to pay the Plaintiff the amount of indemnity amount of KRW 634,990 (=3,174,950 x 20%) and damages for delay.

B. The driver of a vehicle who turn to the left at the front of the Defendant Non-Protection Coordinating Department may turn to the left only when there is no vehicle going straight at the front of the straight signal, and the instant accident was immediately left at the front of the Non-Protection Coordinating Department.

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