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(영문) 부산지방법원 2015.11.27 2015가단14453
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the contents and images of Gap evidence Nos. 1, 2, 3-1, 2, 3-3, Gap evidence Nos. 4-1, 2, 5-2, 5-1 through 21, and 10-4, Gap evidence Nos. 10-1 and 10-4.

The status of the party is the mutual aid business entity of Asi (hereinafter referred to as "Plaintiff vehicle"), and the defendant is the insurer of B Truck (hereinafter referred to as "Defendant vehicle").

B. On January 29, 2014, at around 03:00, C driven the Plaintiff’s vehicle and returned two-lanes of the two-lane road near the urban railway 4 line in the front of the city railway base in Busan-gun to the front of Busan-gun, at a speed of about 56km at the speed of about the speed of 56km from the front to the front of the road (hereinafter “instant road”) and parked on the right side of the Defendant’s vehicle to enter the right side. Accordingly, the passenger D died on the part of the Plaintiff’s vehicle.

C. The Plaintiff paid KRW 357,101,00 as damages under a mutual aid agreement to E, etc. on October 30, 2014 based on the decision of the Busan District Court Branch Branch 2014Kadan20533 (i) damages claim filed against the Plaintiff by the deceased D’s bereaved family members, etc., the Plaintiff paid KRW 1,460,00 as litigation expenses, such as attorney’s fees, in order to perform the said civil litigation.

2. The parties' assertion

A. The Plaintiff’s assertion 1) The instant accident occurred due to competition between the Plaintiff’s driver’s negligence in violation of the duty of front-time care and the Defendant’s driver’s negligence in illegal parking. In light of the circumstances of the instant accident, the percentage of the Plaintiff’s driver and the Defendant’s driver’s negligence in relation to the said accident is reasonable: 70:30, but the Plaintiff is due to the said accident.

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