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(영문) 서울중앙지방법원 2015.06.04 2014나3213
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

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

B. Around 17:00 on May 16, 2013, the driver of the Plaintiff’s vehicle stopped one lane on the front of the white road in Songpa-gu Seoul Metropolitan Area due to driving the Plaintiff’s vehicle, and then tried to turn to the left at the right-hand side of the vehicle at the right-hand side according to the new subparagraph of the left-hand turn, the driver of the Plaintiff’s vehicle on the two-lane, which is the right-hand side of the Plaintiff’s bus, and the two-lane, which is the right-hand side of the Plaintiff’s vehicle, are changed to the right-hand side of the Defendant bus, and the latter part from the front side of the right-hand side of the Plaintiff’s vehicle to the rear wheels (hereinafter “instant accident”).

C. By July 3, 2013, the Plaintiff paid KRW 1,092,637 for the repair cost of the Plaintiff’s vehicle as insurance money for the instant accident.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including each number), Eul evidence No. 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident of this case occurred as a result of the change of the vehicle rapid from the two lanes to the stop line in order to make the left-hand turn normally from the first lane to the left-hand turn in accordance with the new subparagraph, while the defendant bus is driving on the intersection, and the accident occurred due to the full-time negligence of the defendant bus driver.

B. In light of the fact that the Plaintiff’s vehicle is a small-sized passenger vehicle, while the Defendant’s vehicle is a large bus and the collision side is the left rear wheels, etc., the instant accident is intended for Defendant bus drivers to turn to the left.

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