beta
(영문) 울산지방법원 2016.12.21 2014나7438

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the additional payment order shall be revoked.

Reasons

1. Occurrence of and limitation on liability for damages;

A. (1) The following facts are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry or video set forth in Gap evidence 1, 2, and Eul evidence 1 (including a serial number; hereinafter the same shall apply).

(A) At around 17:40 on June 27, 201, B driven a C vehicle owned by it (hereinafter “one vehicle”) and entered the direction of the Seoul Franc Station located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, and E was driving a D bus owned by Sejong-gun, a Co., Ltd. (hereinafter “Defendant vehicle”), and entered the zone in the direction of the said vehicle in front and in front and in front sides of the road. However, if the first vehicle exceeds the white solid line at a Class 1 point, the first vehicle conflicts with the front left side of the Defendant vehicle, and the Plaintiff aboard the Defendant vehicle due to its shock, thereby causing injury, such as the escape from signboards, etc.

(B) The Defendant is a mutual aid business entity that has agreed to compensate for human and physical damage, etc. with respect to an accident that occurred during the operation of the Defendant’s vehicle, and the Intervenor joining the Defendant is the insurer of the first vehicle.

(2) According to the above facts, the defendant is responsible for compensating the plaintiff for damages caused by the instant accident as an operator of the defendant vehicle under the Guarantee of Automobile Accident Compensation Act.

(3) On the other hand, the defendant asserts that the accident of this case occurred by the whole negligence of the first driver of the vehicle, and thus, the defendant should be exempted from liability. However, in the case of the defendant's passenger, the plaintiff has proved that the defendant's passenger was killed by the defendant's intentional act or suicide without any negligence in driving the defendant's vehicle, or that the accident of this case occurred by force majeure, and there is sufficient evidence to acknowledge this.