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(영문) 서울남부지방법원 2017.07.13 2017나51370
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. The following facts may be acknowledged either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 4 through 7, Eul evidence Nos. 1, 3-1 and 3-2, and the purport of the whole pleadings.

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A-car (hereinafter “Plaintiff-car”), 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. On July 10, 2013, around 21:50, at the Goyang-si, Goyang-si C, a traffic accident that conflicts between the portion of the Plaintiff’s class of the Plaintiff’s car and that of the left-hand side of the Defendant bus following the driver’s seat of the Defendant bus (hereinafter “instant traffic accident”) at the intersection of the D cafeteria (including the left-hand lane before entering the intersection, and after passing through the intersection, the two-lanes and the left-hand side of the intersection should be followed in order to pass the intersection.)

C. On August 1, 2013, in relation to the instant traffic accident, the Plaintiff paid KRW 4,475,400 in total as repair cost for the Plaintiff’s car.

2. Determination as to the cause of action

A. The plaintiff alleged by the parties that the traffic accident in this case occurred immediately before the intersection and that the traffic accident in this case occurred at the two-lanes while operating the defendant bus was caused by the former negligence of the defendant bus driver who shocked the plaintiff bus with the view to operating the defendant bus in two-lanes. The defendant claimed that the traffic accident in this case occurred at the intersection and the traffic accident in this case was caused by the former negligence of the driver of the plaintiff vehicle who was facing the course of proceeding on the left side without proceeding by the hond form.

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