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(영문) 서울중앙지방법원 2018.05.16 2017나91143
구상금
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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to AYF rocketing vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B buses (hereinafter “Defendant”).

B. On January 24, 2017, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and tried to turn to the left on the back side. The driver of the Defendant’s vehicle, who followed the Plaintiff’s vehicle, tried to drive the Plaintiff’s vehicle to turn to the left at the right side. The driver of the Defendant’s vehicle, who was going to go to the left at the center of the central line, discovered and immediately driven the Plaintiff’s vehicle while driving the vehicle while overtaking the Plaintiff’s vehicle. Accordingly, the driver was in excess of C, who was a passenger inside the Defendant’s vehicle, and was injured.

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

The Plaintiff paid to D medical expenses of D on February 7, 2017; KRW 247,750 on February 9, 2017; KRW 30,00 on March 15, 2017; KRW 33,030 on April 12, 2017; KRW 271,200 on March 21, 2017; KRW 717,910 on April 12, 2017; KRW 25,640 on April 20, 2017; KRW 30,030 on April 25, 2017; and KRW 10,00 on April 25, 2017; and KRW 10,000 on April 25, 2017; and paid insurance proceeds to C; and KRW 105,00 on April 17, 2015; and KRW 30,015 on April 19, 2017.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, and 4, Gap evidence No. 5, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (i) At the time of the instant accident, the driver of the Defendant’s vehicle, who neglected to drive the vehicle on the speed, and discovered and immediately operated the Plaintiff’s vehicle to turn to the left at the time of the instant accident, thereby causing injury to the Defendant’s passenger C, who was a passenger in the Defendant’s vehicle, due to the driver’s negligence. The instant accident occurred due to the total negligence of the Defendant’s driver.

Therefore, the driver of the defendant vehicle shall inflict damages on the victim due to the accident of this case.

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