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(영문) 부산지방법원 2015.09.10 2014나17272

구상금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Basic facts

가. 2013. 11. 16. 21:42경 부산 강서구 명지오션시티10로 16, 퀸덤1차아파트 201동 앞 왕복 2차로의 횡단보도 부근에서 편도 1차로를 따라 한국선급 방면으로 진행하던 원고 소유의 A 시내버스(이하 ‘이 사건 버스’라 한다)가 중앙선을 침범하여 반대 방향에서 편도 1차로를 따라 진행하던 원고 소유의 B 시내버스를 충돌하였다

(hereinafter “instant accident”). (b)

On the crosswalk (hereinafter referred to as “instant crosswalk”) side of a one-lane, where the instant bus was in operation, the CF car under the automobile insurance contract concluded with the Defendant (hereinafter referred to as “instant car”) was parked. The instant accident occurred immediately adjacent to the said car.

[Ground of recognition] Unsatisfy, each entry of Gap10 evidence (including paper numbers; hereinafter the same shall apply), the result of this court’s verification of accident motion pictures CD (Evidence No. 5), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion caused the instant accident at the wind to avoid the instant car which was illegally parked at the edge of the crosswalk. Accordingly, the Plaintiff sustained damages of KRW 10,66,561 in total, including KRW 3,072,96,96 due to the suspension of operation for 7 days, and KRW 4,266,624 (=10,666,561 x 40%) and damages for delay, which amount to 40% of the fault ratio of the instant car.

B. The fact that the instant car was parked at the edge of a two-lane crossing road from which the instant accident occurred, as seen earlier.

However, according to the result of the verification of the accident video CD(A5) in this court, the bus in this case is the name middle school of Gangseo-gu Busan Metropolitan Government as 1-ro, the signal in this case, from the signal cross-section.