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(영문) 서울중앙지방법원 2018.11.09 2018나36228
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The supplementary intervenor shall bear the costs of the appeal.

Reasons

1. Facts of recognition;

A. With respect to the vehicle B owned by the Plaintiff’s Intervenor (hereinafter “ Intervenor”), the Defendant is the insurer who concluded each automobile insurance contract for the Plaintiff’s Airport bus (hereinafter “Defendant”)

B. At around 15:00 on April 1, 2017, the Intervenor driven the Plaintiff’s vehicle and proceeded along the two lanes in front of the E hotel located in Suwon-si, Suwon-si, along the three-lane road, in order to move to the right side of the road by right side of the road, while overtaking the Defendant’s vehicle which stops on the three-lane of the same road and changing the three-lane to the three-lane, there was an accident that conflicts between the front part of the Defendant’s vehicle and the rear part of the right side of the Plaintiff’s vehicle and the two-lanes of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On May 16, 2017, the Plaintiff paid KRW 1,226,00 with the repair cost of the Plaintiff’s vehicle due to the instant accident.

On July 17, 2017, the Plaintiff filed an application with the Defendant for deliberation and mediation of the instant accident, and the Committee determined the fault ratio of the instant accident to 30% of the Plaintiff’s vehicle and 70% of the Defendant’s vehicle on the ground that “the Plaintiff’s vehicle is confirmed to be a shocked accident on the Defendant’s vehicle, which was stopped and stopped on the right-hand side while making a right-hand change.”

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1 (including each number), video, the purport of the whole pleadings

2. The plaintiff asserts that the accident of this case occurred due to the negligence of the driver of the defendant's vehicle who started immediately after the plaintiff's failure to perform his duty of front-way and left-way while entering the three-lanes of at least 80% of the plaintiff's vehicle, while the defendant was negligent in changing the lane immediately in front of the defendant's vehicle which was temporarily stopped for getting on and getting off bus passengers.

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