Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and above.
Reasons
Basic Facts
The plaintiff is a non-profit corporation established with a person holding a private taxi transportation business license in Seoul Special Metropolitan City as its members, and is conducting business activities to compensate for losses caused by an accident of the member of the regular taxi transportation business.
A is an owner of a private taxi B (hereinafter referred to as "Plaintiff") and is a member of the Plaintiff's commercial conference.
The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Truck Vehicles (hereinafter referred to as "Defendant Vehicle").
The details of the instant accident are as follows.
On February 20, 2016, the date and time of an accident: around 08:40 on February 20, 2016: The details of the accident near Samsung Station: both the Plaintiff’s and the Defendant’s vehicle are proceeding along the 86-way route as Seoul Samsungdong-dong, Gangnam-gu, which led to the accident, and at the time of the accident, the left side of the Plaintiff’s vehicle and the right side of the Defendant’s vehicle conflict with each other on March 4, 2016.
【The ground for recognition” in full view of the following circumstances: (a) the descriptions or videos (including serial numbers; hereinafter the same shall apply); (b) the evidence and the circumstances surrounding the occurrence of liability for damages prior to the occurrence of the entire pleadings; and (c) the parts and degree of the collision between the two vehicles, it can be recognized that all the Plaintiff and the Defendant vehicles have contributed to the occurrence of the instant accident or the expansion of damage; and (d) it is reasonable to view that the fault ratio is 30% on the Plaintiff vehicle and 70% on the Defendant vehicle.
The accident site was the first line road, where it was possible to make a right-hand, and the defendant vehicle was waiting to enter first to make a right-hand, and it was waiting for the right-hand.
(See the following photographs). At the time, the Defendant vehicle was waiting to turn on the left side of the vehicle to a wide range, but accordingly, the vehicle could enter the right side of the Defendant vehicle.