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(영문) 서울중앙지방법원 2015.10.27 2013가단172326

손해배상(자)

Text

1. The Defendant’s KRW 208,091,973 as well as the Plaintiff’s annual rate from February 13, 2013 to October 27, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant is the city bus B (hereinafter “Defendant bus”)

(2) On February 13, 2013, at around 21:50, C entered into a mutual aid agreement with respect to the passenger bus: (a) around 3-4-lane in front of the bus stop located in Gangseo-gu Seoul Airport, Gangseo-gu; (b) driving the bus-only one lane in four-lanes, one of which is located in the vicinity of the transmitting 34-4, Dong-gu, Seoul; and (c) driving the bus at a speed of about 50 km/h/h from the launching port of Kimpo-si; (d) crossinging the road from the right side of the moving direction to the right side of the bus (hereinafter “the instant accident”); (c) immediately following the death (hereinafter “the instant accident”); (d) the above accident site has exclusive bus lanes at the center; and (d) the bus stops and crosswalk at both ends of the bus stops; and (d) at the time the bus stops and stops after the passage of the crosswalk.

이때 맞은편에서 운행하던 버스 사이로 망인이 나와 도로를 횡단하려고 하였고, 맞은편의 버스가 상향등을 깜빡거렸는데, C은 2차로로 차선을 변경하던 중 뒤늦게 망인의 존재를 알아채고 망인을 피하고자 급하게 다시 1차로로 차선을 변경하다가 거의 1차로가 끝나는 2차로와의 경계지점에서 망인을 충격하였다.

3 C was indicted by Seoul Southern District Court 2013Ra1033, but the judgment of innocence was rendered on July 4, 2013 on the ground that “No evidence exists to acknowledge that the deceased cannot be seen due to a sudden light of the bus’s headlight on the opposite lane between the two buses in which the deceased was on the opposite lane, and that he/she violated his/her duty of care on the part of the deceased.”

In this regard, the prosecutor appealed to the same court 2013No1243, but on August 22, 2014, the deceased could not be seen and the accident could not be avoided.