logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.01.23 2019나106703
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 2,479,569 and to the plaintiff on December 2018.

Reasons

Basic Facts

The plaintiff is an insurer who has entered into an automobile insurance contract with C-owned D-Motor vehicles (hereinafter referred to as "Plaintiff-owned vehicles"), and the defendant is a mutual aid business operator who has entered into a mutual aid agreement for the E bus (hereinafter referred to as "Defendant-owned vehicles") stipulated in the Passenger Transport Service

Plaintiff

On October 10, 2018, the Defendant tried to make a bypass while driving in the middle of the two-lanes in the direction of the Jisung-dong located in Daejeon Seosung-dong on the 18:00 square meters (On the other hand, the two-lanes adjoining to the Dong-dong, and the two-lanes were expanded to three-lanes). The Defendant attempted to make a bypass while driving in the front of the Plaintiff’s vehicle, while maintaining the two-lanes, and the Plaintiff’s vehicle tried to make a bypass a bypassing the Defendant’s vehicle after changing the said three-lanes into the expanded three-lane.

During that period, the Plaintiff’s vehicle stopped the vehicle, which is a bus, due to the large direction of the right-hand side of the Defendant’s vehicle, and the Defendant’s vehicle continued to proceed on the right-hand side of the Defendant’s vehicle, which led to a shock of the front part of the left-hand side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). On December 19, 2018, the Plaintiff paid KRW 3,542,242 to C as the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] The plaintiff asserted that the plaintiff of the parties to the determination of the purport of Gap evidence Nos. 1 through 6 (including each number), each of the statements, images, and the whole pleadings occurred due to the total negligence of defendant vehicle, and therefore, the plaintiff is obligated to claim the total amount of the repair cost paid by the plaintiff to the defendant, and the defendant asserts that the plaintiff vehicle's negligence is 10%.

The following facts and circumstances that can be acknowledged by comprehensively taking account of the overall purport of the arguments before determining the ratio of negligence, i.e., drivers of motor vehicles and riders of horses, except as otherwise provided.

arrow