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(영문) 서울중앙지방법원 2019.10.29 2018나69204
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

The first instance court.

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On June 28, 2018, the insured vehicle of the Plaintiff, such as the circumstances of the accident, (hereinafter “Plaintiff vehicle”), Defendant Mutual Aid Vehicle (hereinafter “Defendant vehicle”), CD temporarily run one lane, which is a bus-only one-lane between the four-lanes, around the bus stops of the bus bus stops in the border of the Gyeong Highway at the location of 09:30 on June 28, 2018, while the Defendant vehicle operating the two-lanes with the left side of the Plaintiff vehicle entering the two-lanes and driving the two-lanes of the two-lanes.

13,135,900 won in total, including substitute and substitute persons, self-repair expenses, etc.

B. On the other hand, it is reasonable to view that the accident in this case occurred by the negligence of the Plaintiff’s vehicle that was driven by the Defendant’s vehicle, compared to the vehicle in which the vehicle was parked, by facilitating the flow of the vehicle with the bus exclusive lanes, and the Plaintiff’s vehicle was unable to give a sufficient overtaking speed, and the Plaintiff’s vehicle entered the first lane where the Defendant vehicle was discovered later, and operated a brake.

[Ground of recognition] Facts without dispute, Gap 1 through 4, Eul 1 through 5, purport of the whole pleadings

2. The decision of the first instance court at the conclusion is consistent with this conclusion, and the plaintiff's appeal is without merit.

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