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(영문) 서울중앙지방법원 2018.08.17 2018나14693
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. Basic facts

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with respect to A bus vehicles (hereinafter “Plaintiff bus”), and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to B chartered bus vehicles (hereinafter “Defendant bus”).

B. On June 16, 2017, the Plaintiff bus stops in the two-lanes in front of the bus stops located immediately before the bus stops located in the city located in the front of the 63-lane of the city at the city of Kug-si on June 16, 2017, and is proceeding with passengers getting on board. The Defendant bus operating the said one-lane of the said road finds that the Defendant bus is passing through the intersection itself as the bus bus bus bus transit, and the bus stops rapidly, resulting in a collision, but due to the rapid operation of the bus, there was an accident that Plaintiff bus’s passenger C was injured (hereinafter “the instant accident”).

(See attached Form No. 3). (C)

The Plaintiff paid KRW 11,929,610 in total to C who sustained an injury due to the instant accident during the period from July 21, 2017 to September 22, 2017.

[Ground of recognition] Facts without dispute, Gap 1 to 11 evidence, images, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that the negligence of the defendant bus driver who was making a great round from the first lane of the two-lane road is 80%, and the plaintiff sought an amount equivalent to 80% of the insurance money paid by the plaintiff due to the accident of this case as compensation.

(2) As to this, the Defendant asserted that the Plaintiff bus’s bus departing from the bus stops did not properly look at the front and rear seat, and that the instant accident occurred due to the negligence that started immediately before the passenger sits on the seat, and that the negligence of the Plaintiff bus driver is more than 80%.

B. (1) When drivers of all vehicles intend to make a right-hand at the intersection, they must pass the right-hand side of the road in advance and pass the right-hand side of the road and the Road Traffic Act.

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