logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.12.10 2019나68662
구상금
Text

All appeals by the Defendants, incidental appeals by the Plaintiff, and claims extended by this court are dismissed.

Expenses for appeal shall be the expenses for appeal.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to the D chartered bus (hereinafter “Plaintiff bus”).

Defendant B Co., Ltd. (hereinafter “Defendant B”) is the owner of the E-city bus (hereinafter “Defendant bus”), and the Defendant C Federation (hereinafter “Defendant Association”) is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with respect to the Defendant vehicle.

B. Around 12:00 on July 6, 2018, the Plaintiff bus driver proceeded with the Plaintiff bus in accordance with the exclusive bus lane for the front bus of Gangseo-gu Seoul Metropolitan Government, and proceeded in the future of the Defendant bus by overtaking the center line on the left side of the Defendant bus, starting from which the bus stops at the front bus stop. The bus bus bus driver who was abutted on the two-lanes to narrow the exclusive bus lane for the direction of passage from the two-lane to the one-lane, and operated the Defendant bus rapidly by reporting that the Plaintiff bus is overtaking the Defendant bus beyond the central bus line, and accordingly, the Plaintiff bus driver sustained the injury of the bridge while getting off the passenger G (hereinafter “victim”) boarding the Defendant bus.

(hereinafter referred to as “instant accident”). C.

From October 22, 2018 to April 16, 2019, the Plaintiff paid the mutual aid amount of KRW 28,749,520 in total with medical expenses and the agreed amount for the victim in relation to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 2-1 and 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The fault ratio of the accident of this case can be seen as 20% of the plaintiff's bus and 80% of the defendant bus. Thus, the defendants jointly and severally stated the plaintiff's claim in 22,99,616 won (=28,749,520 won x 80% of the defendant's fault ratio among the 28,749,520 won paid by the plaintiff to the plaintiff for medical expenses and damages for the accident of this case.

arrow