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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to D business chartered buses owned by C Co., Ltd. (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to E-car (hereinafter “Defendant vehicle”).
B. Around 19:40 on September 5, 2017, the Plaintiff’s vehicle was running as a bus exclusive lane (one lane) in the vicinity of the 389km-dong Gyeongdong-gu Gyeongdong-gu Gyeongdong-dong Gyeongdong-dong Gyeongdong-si, and the Plaintiff’s vehicle attempted to enter the bus exclusive lane (one lane) in two lanes without keeping a sufficient distance from the surrounding vehicle at the above point when the bus exclusive route and two-lanes of the bus exclusive lanes fall into the above point. As a result, the Defendant’s vehicle, who was driving along the bus exclusive lane (one lane) was rapidly set to avoid conflicts with the Nonparty’s vehicle, and as a result, the Plaintiff’s vehicle’s accident occurred following the Plaintiff’s vehicle that was temporarily stopped on a yearly basis (hereinafter “motor vehicle damage”).
At the time of the accident, passenger cars were time time when bus lanes cannot be operated.
C. In the instant accident, the damaged vehicle was destroyed, and the 10 passengers and 11 passengers of the victimized vehicle, and the 23 passengers, including I and 11 passengers of the Plaintiff vehicle, suffered injury.
As a result of the instant accident, between September 6, 2017 and February 27, 2019, the Plaintiff paid KRW 131,22,800, including the sum of KRW 131,22,80, as insurance proceeds, for each of the medical expenses and the agreed amount for 23 passengers, including I and 11 passengers of the Plaintiff vehicle, as well as 11 passengers on board the Plaintiff vehicle, as well as 28,000, for the vehicles damaged by personal compensation, and for Handphones (J’s possession).
[Ground of recognition] There is no dispute, A 1~3.