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(영문) 서울동부지방법원 2015.05.29 2014나7911
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. The following facts are recognized in the absence of dispute between the parties to the facts of recognition, or in full view of the purport of the entire arguments in the statements in Gap evidence 1 to 8 (including the branch numbers, if any) and Eul evidence 1.

A. (1) On January 12, 2014, A, around 17:00 on the occurrence of a traffic accident, driven a private taxi owned by himself, and sent to the left-hand turn from the surface of the Jindo-dong, Guro-gu, Seoul to the high-level intersection from the shooting distance to the high-level intersection.

(2) On the other hand, when a driver in the nameless passenger taxi drives a large-scale C bus in the opposite part and go straight, and the above individual taxi started the right-hand turn to the right-hand turn pursuant to the left-hand turn. The above individual taxi started the right-hand turn to the right-hand turn. On the other hand, immediately before the above individual taxi enters the first lane of the road on the off-passing road, the above individual taxi turned to the second line in order to avoid the vehicle stopped on the road and make a right-hand turn to the right-hand turn. However, while the above individual taxi continued to proceed to the first lane of the above bus and the above bus continued to proceed to the right-hand turn, the accident was caused by the front door and the part of the fenced parts of the private taxi by the above individual taxi (hereinafter referred to as the “accident in this case”).

B. The Plaintiff is a legal entity that compensates for its own car damage, etc. with respect to A’s private taxi, a partner, in accordance with its provisions and terms and conditions, and the Defendant is a legal entity that entered into a motor vehicle mutual aid agreement with respect to the bus.

C. The Plaintiff paid 1,878,000 won for the repair cost of the above individual taxi due to the instant accident to the repair business entity.

2. Determination as to the cause of action

A. According to the above recognition of the liability for reimbursement, the instant accident would normally turn to the left according to the new subparagraph.

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