(영문) 서울중앙지방법원 2018.01.17 2017나55123

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.01.17 2017나55123

구상금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to A vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who entered into a car mutual aid contract with respect to B urban bus (hereinafter “Defendant bus”).

B. Around 15:10 on December 10, 2015, the Plaintiff’s driver driven the Plaintiff’s vehicle along the two-lanes of the three-lane road in the Jung-gu Daejeon metropolitan area, Daejeon. Around December 10, 2015, the driver of the Plaintiff’s bus stopped on the front right side of the bus bus, and changed the lane in the front of the Defendant bus, which started to run along the three-lanes of the said road. A driver of the Defendant bus who started driving along the three-lanes of the said road was rapidly operated to avoid collision with the Plaintiff, and as a result, the passenger D (hereinafter “victim”) aboard the Defendant bus lost the center, resulting in the injury, such as the passenger D (hereinafter “victim”).

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

By March 2, 2016, the Plaintiff paid the victim the total sum of KRW 1,282,180 to the agreed amount and medical expenses incurred from the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion that the accident of this case occurred when the driver of the plaintiff's vehicle moved in the future of the defendant bus and caused the plaintiff bus driver to rapidly drive the defendant bus on a right-hand basis, and the sudden and rapid negligence that occurred before the plaintiff was sitting in or safe, and since the plaintiff jointly exempted the defendant bus driver, a joint tortfeasor, by compensating the damage of the victim, the plaintiff. Thus, the defendant, a mutual aid business operator of the defendant bus of the defendant bus, is obliged to pay the plaintiff the indemnity amount of KRW 1,025,744 (= KRW 1,282,180 x 80%) and the compensation for the delay thereof.

B. Determination

유사 판례

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