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(영문) 서울중앙지방법원 2016.09.23 2016나27688
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to B bus vehicles (hereinafter “Plaintiff vehicle”). The Defendant is a person who has driven C vehicle at the time of the following accident (hereinafter “Defendant vehicle”), and the Codefendant damage insurance company in the first instance trial is an insurer that entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle.

B. On October 30, 2014, at around 18:40, the Defendant: (a) was running the Defendant’s vehicle using the bus exclusive lane 73:70-gil, Geumcheon-gu, Geumcheon-gu, Geumcheon-gu, Seoul, at the speed of the intersection even though the signal on the bus exclusive lanes is blue signal; (b) the Plaintiff’s vehicle that was going behind the Defendant’s vehicle was not avoided and the rear part of the Defendant’s vehicle was shocked with the front part of the Plaintiff’s vehicle.

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

By January 6, 2015, the Plaintiff paid KRW 2,753,250 of the insurance money under the name of the passenger D treatment costs and agreement of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is that the instant accident occurred when the Defendant’s vehicle without permission to enter the bus exclusive lane enters the bus exclusive lane, which is a straight line, to make a left-hand turn. As long as the Plaintiff’s vehicle’s driver was an inevitable circumstance that the Defendant’s vehicle could not be trusted as a normal straight-down in accordance with the straight line, it is entirely caused by the Defendant’s negligence.

Therefore, the defendant should pay to the plaintiff the insurance money paid by the plaintiff with the indemnity amount of KRW 2,753,250 and delay damages.

B. 1) According to the above facts, the accident of this case occurred due to the negligence of the plaintiff driving the vehicle without complying with the safety distance from the bus exclusive lane, and violating the duty of a bus stop. 2) However, it is stated in the evidence No. 3 and No. 4.

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