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(영문) 서울중앙지방법원 2020.02.04 2018나85107
가불금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with C bus (hereinafter “Plaintiff bus”).

B. Around 09:37 on July 23, 2015, D, the driver of the Plaintiff bus, was driving the Plaintiff bus, stopped at the bus stop in front of the Seoul Gangnam-gu, Gangnam-gu, Seoul, and was waiting. The Defendant, immediately after the departure of the Plaintiff bus, became a different part for boarding the Plaintiff bus, and the Defendant’s right-hand side part of the Defendant’s right-hand side part of the back wheel of the Plaintiff bus was set up.

(hereinafter referred to as “instant accident”). C.

The Defendant suffered injury, due to the instant accident, such as the open frame of the body of the sloping body accompanied by the sloping body, the damage to the right sloping body, the damage to the sloping body, the two parts of the two parts, the sloping seat, etc.

The Plaintiff, as advance payment prescribed in Article 11 of the Guarantee of Automobile Accident Compensation Act, did not recognize the liability for damages against the Plaintiff bus subscribers. From May 2, 2016 to March 27, 2018, the Plaintiff paid the F Hospital, etc. totaling KRW 27,318,680 to the Defendant’s medical expenses.

E. Meanwhile, as to the instant accident, D, as the driver of the Plaintiff bus, was indicted as the charge of violating the duty of safe driving under Article 48(1) of the Road Traffic Act by Seoul Northern District Court Decision 2016Da2357, and the said court rendered a judgment of conviction of KRW 200,000 against D on November 10, 2016.

Accordingly, D has appealed as Seoul Northern District Court 2016No2466, and the above court appealed as follows, i.e., (1) the rear border of the bus operated by D is a location where it is possible to ascertain the right side of the bus as it comes forward of the bus body, unlike the general car, and it is possible to look back to the right side. In the case of the instant accident-related black image, D is opened to the right side immediately before the departure of the Plaintiff bus, and the front border of the vehicle is taken within a certain angle.

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