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The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with a new village transportation company for A bus vehicles (hereinafter “Plaintiff bus”), and the Defendant is an insurer that entered into a comprehensive automobile insurance contract for B bus vehicles (hereinafter “Defendant bus”) with the Koyang Livestock Industry Cooperatives.
B. On April 4, 2013, at around 07:15, C, driving the Plaintiff bus and proceeding from the air screen to the upper ambling plane in accordance with the letter of the road located in Seoyang-gu, Seoyang-gu, Seocheon-gu, Seocheon-gu, and then attempted to overtake the Defendant bus which was parked on the first lane in front of the 137-2 head of the Dongcheon-gu, Seocheon-gu, Seocheon-gu, and then tried to overtake the Defendant bus, even if the central line of the damage occurred. At that time, D and E (hereinafter “victims”) crossing the road on the left side from the right side of the bus in the direction of the Plaintiff bus running in the Roman-gu, Seoul (hereinafter “the instant accident”), causing injury to the victims, and as a result, the Handphones and electronic devices in possession of the victim E were damaged.
C. By July 16, 2013, the Plaintiff paid the victims KRW 7,850,930, the agreed amount of KRW 4,700,000, and KRW 151,000,000, respectively.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 7, 9 through 11, Eul evidence 1 and 2 (including a satisfy number; hereinafter the same shall apply) or video, the result of this court's black records and video verification, the purport of the whole pleadings
2. The plaintiff asserted that the accident in this case occurred due to the defendant bus which was illegally stopped on the one-lane road in which the view of the plaintiff bus driver is limited. The plaintiff asserts that the negligence of the defendant bus driver who stops the defendant bus for more than five minutes in an area where the stopping is prohibited, has contributed to the occurrence and expansion of the damage caused by the accident in this case.
On the other hand, the defendant is the case.