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(영문) 서울중앙지방법원 2021.02.17 2020나39930
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the owner of C Bus (hereinafter “Plaintiff”), and the Defendant is the insurer who concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On November 25, 2019, around 19:40 on November 25, 2019, the Plaintiff’s vehicle driven along five lanes near the Seoul metropolitan traffic construction in Seocho-gu, Seocho-gu, Seoul, along the fifth line of the five-lane road, and led to an accident where the part between the right side of the Defendant’s vehicle, which was driven along the four-lane, and the back part of the Plaintiff’s vehicle may be easily against the left side of the vehicle (hereinafter “instant accident”).

At the time of the instant accident, the driver of the Plaintiff’s vehicle without recognizing the occurrence of the accident, and therefore, the driver of the Defendant’s vehicle is driving the Plaintiff’s vehicle.

After the transport, the driver of the Plaintiff’s vehicle confirmed the shock level caused by the instant accident with the driver, and the driver of the Plaintiff’s vehicle recognized the instant accident at the time, and paid KRW 30,000 to the driver of the Defendant’s vehicle as repair cost.

[Ground of recognition] Evidence Nos. 1, 3, 5, Eul evidence Nos. 1, 1, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Since the instant accident occurred due to the unilateral negligence of the Defendant’s vehicle running along the four-lanes of the Plaintiff’s assertion, the Defendant is obligated to pay the Plaintiff the sum of KRW 108,520,00 per day, between the repair cost of the Plaintiff’s vehicle and the daily rest cost of KRW 597,100, and KRW 705,620.

B. At the time of the Defendant’s assertion, the Defendant’s vehicle was almost stopped on the fourth lane, and the Plaintiff’s vehicle contacted the right side of the Defendant’s vehicle on the left side by bypassing from the five-lanes. This is an accident caused by the Plaintiff’s vehicle’s right side while the latter part of the Plaintiff’s vehicle was invaded by four-lanes, and is a single negligence of the Plaintiff’s driver.

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