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(영문) 서울중앙지방법원 2019.08.27 2018나79942
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

The first instance court.

Reasons

1. On August 21, 2017, the Plaintiff, the mutual aid vehicle, and the Defendant’s vehicle involved in the accident of a three-lane road in the direction of F in light of the luminous location at the location of the location of 3:00 place for the Plaintiff, the mutual aid vehicle involved in the accident (hereinafter “Plaintiff’s vehicle”), the Defendant’s mutual aid vehicle (hereinafter “Defendant’s vehicle”) used the three-lane bus stops after the bus stops to turn on on on-and-off lights at passengers’ demand.

The plaintiff, who followed the vehicle, attempted to late, but was left behind the defendant's vehicle.

(hereinafter “instant accident”). The payment of insurance money is paid in total of KRW 16,360,350,000,000,000 for medical expenses and consolation money for the passengers of Defendant vehicle.

(a) Circumstances, etc. involving accidents;

B. The Plaintiff asserts that the instant accident occurred with the wind that the Defendant’s vehicle stops to get off passengers after more than 50 meters of bus stops, and the negligence of the Defendant’s driver is equivalent to 30%, so the Defendant is obliged to pay the indemnity corresponding thereto.

In light of the background of the instant accident, immediately before the collision, the distance away from the Defendant’s vehicle, the Defendant’s vehicle immediately before the collision, and the shock level of the vehicle, etc., it is reasonable to deem that the instant accident occurred due to the overall negligence of the Plaintiff’s driver who did not keep the safety distance and did not properly examine the front section of the vehicle.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

C. Defendant’s no liability for compensation

2. The decision of the first instance court at the conclusion is consistent with this conclusion, and the plaintiff's appeal is without merit.

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