손해배상(자)
1. The Defendant: KRW 31,338,954 for the Plaintiff and KRW 5% per annum from December 9, 2014 to December 19, 2018; and
1. Occurrence of liability for damages;
A. On December 9, 2014, at around 14:13, 2014, three lanes near Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter referred to as “Defendant vehicles”) are D buses running from the west-gu to the Chungcheong Tri-distance on the west-gu.
(i) A change of course from one lane to the center of the bus exclusive lanes. The Plaintiff, who driven the bus exclusive lanes after the Defendant’s vehicle, driven the off-to-land and driven the bus exclusive lanes, got out of the center of the bus exclusive lanes (hereinafter “instant accident”).
2) As a result, the Plaintiff suffered from the injury of both sides, such as the heading of the fine aggregate.
3) The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with respect to the defendant's vehicle. [Grounds for recognition] The fact that there is no dispute, Gap Nos. 1, 2, and Eul No. 1 (including virtual numbers, the purport of the whole pleadings
B. According to the above recognition of liability, the Defendant, a mutual aid business entity, is liable to compensate the Plaintiff for the damages caused by the instant accident, barring any special circumstance, as the Plaintiff sustained an injury due to the operation of Defendant vehicle.
The defendant asserts that there is no negligence on the part of the plaintiff, since the defendant's driver entered the bus lane normally, the defendant is not liable for damages against the plaintiff.
However, the driver of the vehicle who intends to change the course is changing the course so that it does not interfere with the vehicle that proceeds with the traffic conditions of the vehicle that intends to enter. The driver of the vehicle who intends to change the course is erroneous in changing the course without considering the progress of the plaintiff's motorcycleb, so the above argument by the defendant is without merit.
C. However, the Plaintiff’s error of driving a bus-only lane, the passage of which is prohibited, is erroneous, and the Defendant’s vehicle is going beyond the center while driving the bus-only lane without lowering the speed despite changing its course.
Considering these circumstances, the defendant's liability is limited to 50%.
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