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(영문) 서울중앙지방법원 2016.04.15 2015나44419
구상금
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. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to A car (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to C bus, which is a school bus affiliated with the college of education at B University (hereinafter “Defendant vehicle”).

B. At around 17:45 on March 19, 2014, D, driving the Plaintiff’s vehicle on the one-lane road in front of the information center for B University F Campus located in E. However, while the Defendant’s vehicle stopped on the right side of the point that is connected to “Y” in the direction of proceeding, D was shocked by the front door, etc. of the Plaintiff’s vehicle, which was moving to the left side after getting the passenger to start.

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

On June 2, 2014, the Plaintiff paid KRW 11,116,00 of the insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, 3, 5, 6, and 7 (including numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred by the unilateral negligence of the driver of the defendant vehicle who started without confirming the progress of the vehicle in the surrounding area prior to the departure, and thus, the defendant is liable to pay the plaintiff the indemnity amount of KRW 11,116,000 and the delay damages equivalent to the above insurance money.

In this regard, the defendant asserts that the accident of this case occurred due to the negligence of the driver of the plaintiff vehicle.

B. In full view of the above-mentioned facts and the road on the site of the accident in this case, the Plaintiff’s vehicle appears to have been able to walk up the Defendant vehicle while maintaining a sufficient interval (Evidence Nos. 4, 5, 6, and 7). The accident in this case is merely a side of the Defendant’s vehicle where the Plaintiff’s driver stopped in front of his driving direction.

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