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(영문) 서울남부지방법원 2015.09.11 2014가단240833
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that entered into a comprehensive motor vehicle insurance contract with Nonparty A regarding the vehicle that is owned by Nonparty A (hereinafter “Plaintiff-owned vehicle”), and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with Nonparty C in relation to D's express bus belonging to C company (hereinafter “Defendant-owned vehicle”).

B. Around 14:30 on February 21, 2014, at the point of Jinok-ri, Jini-ri, Jini-ri, Jin-ri, Jin-ri, the south of the wife population, left the road at a point of 372 km away from the Jin-ri, Jin-ri, Jin-ri, the right side of the road (hereinafter referred to as “non-party vehicle”) found the Eina-ri-ri vehicle (the driver F; hereinafter referred to as “non-party vehicle”) that runs away from the side at a speed of about 10 km, and entered the three-lane, which is far away from the side, in order to avoid a collision with the Plaintiff’s vehicle at the speed of the vehicle at the speed of the two-lane, and the Plaintiff’s vehicle at the same time changed the two-lane, but has lost its center, but lost its control power to avoid collision with the Plaintiff’s vehicle at the speed of the vehicle at the time of the two-lane.

(hereinafter “instant traffic accident”). C.

On June 30, 2014, the Plaintiff paid insurance proceeds of KRW 94,50,000 after deducting KRW 500,000 from the Plaintiff’s self-paid vehicle repair cost.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination:

A. The main point of the Plaintiff’s assertion is that the Plaintiff did not take any measures to prevent the instant traffic accident, such as neglecting the speed of the Plaintiff’s vehicle, even though the Defendant’s vehicle could easily recognize the operation of Nonparty 1’s abnormal booms immediately before the instant traffic accident due to an express bus, but neglecting to secure the distance between the front and the rear, etc., thereby reducing the speed.

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