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(영문) 서울남부지방법원 2021.02.05 2020나62684
구상금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is the insurer who concluded each automobile insurance contract for D buses (hereinafter “Defendant bus”).

B. On July 18, 2017, around 08:00, the Defendant bus stops in order to load the students on the one-lane road in front of the F cafeteria E located in the Chungcheongnambuk-gun, Chungcheongnambuk-gun, the Plaintiff bus was shocked by the vehicle, and the vehicle was in front of the two vehicles.

G Vehicle is damaged, and there was an accident in which the driver, the passenger, the passenger, the passenger, the passenger, etc. of the vehicle were injured.

(c)

By January 8, 2019, the Plaintiff paid total of KRW 49,640,110, such as KRW 1,327,90, and KRW 5,100 as the repair cost of the damaged bus passengers, for the medical expenses for the Plaintiff’s H, passenger I, and passenger I.

[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 1 through 13 and the purport of the whole pleadings

2. The assertion and judgment

A. According to Article 19(4) of the Plaintiff’s argument of the Road Traffic Act, the driver of any motor vehicle shall not immediately stop the motor vehicle, reduce the speed of the motor vehicle, etc., unless it is necessary to prevent any danger, or in other inevitable circumstances. The Defendant bus is negligent in driving the motor vehicle immediately before the stop without any justifiable reason, while it is inevitable to stop the motor vehicle in the intersection where the stopping is prohibited.

The above negligence of the Plaintiff vehicle contributed to the occurrence of the instant accident, and its negligence ratio should be deemed to be at least 30%.

B. 1) According to Article 19(1) of the Road Traffic Act, the driver of any motor vehicle is obliged to maintain a necessary distance to avoid any collision with the motor vehicle running ahead of it when following the motor vehicle traveling in the same direction. In the event that the motor vehicle traveling ahead of it stops suddenly, the driver of any motor vehicle has a duty of care to ensure the necessary distance to avoid any collision with the motor vehicle traveling ahead of it and moves ahead of it at all times.

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