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(영문) 서울중앙지방법원 2016.11.23 2016나49817
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 insurer who has concluded a comprehensive automobile insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is the owner of B bus (hereinafter “Defendant bus”) and is the employer of the driver.

B. On September 23, 2015, C: (a) around 14:50, around the airport of Gangseo-gu Seoul, Seoul Airport High School, the underground vehicle is also parked in one lane, the right-hand left-hand turn line of the two-lane road, along the right-hand right-hand turn. However, while changing the course to a two-lane, the Defendant bus driving the two-lane of the Mad Road, while changing the course to a two-lane, there was an accident (hereinafter “instant accident”) involving the collision between the chief sentence of the Plaintiff vehicle and the front part of the driver’s seat.

C. By November 17, 2015, the Plaintiff, as an insurer, paid insurance proceeds of KRW 38,080,706 in total under the name of the repair cost, etc. of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 to 10, the result of verification of Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the accident in this case occurred not only by the driver's negligence but also by the negligence of the driver's navigation, defense driving, and safe driving. Thus, the defendant is liable to compensate for the damage suffered by the victim due to the accident in this case as the user and supervisor of the defendant bus driver. Since the plaintiff exempted the defendant by paying the insurance money, the defendant is liable to pay the plaintiff the amount of money and damages for delay equivalent to 30% of the amount of the plaintiff's insurance money paid to the plaintiff.

On the other hand, the defendant asserts that the accident of this case is due to the total negligence of the driver of the plaintiff's vehicle, so the defendant is not responsible for it.

B. As seen earlier, the Plaintiff’s vehicle is at the top line for left turn.

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