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(영문) 창원지방법원 2018.03.09 2016가단6890

손해배상(자)

Text

1. The Defendant: KRW 49,975,643 for the Plaintiff and KRW 5% per annum from December 12, 2015 to March 9, 2018; and

Reasons

1. Occurrence of liability for damages;

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

(2) On December 12, 2015, C was driving a three-lane road in front of the two-lane elementary school in order to use it for the purchase of the members of Changwon-si, Changwon-si on December 23:10, 2015, and driving the Defendant bus on the side of the Masan-dong Police Station from the side of the Masan-si. In order to overtake the preceding vehicle, C was driving on one-lane, while changing the direction of the bus to a little right-hand way to allow passengers to board in the vicinity of the bus stops at both elementary schools.

3) At the time, the Plaintiff is deemed to be the Plaintiff Oralba (hereinafter “Plaintiff Oralba”).

) While the Defendant bus stops over a two-lanes of Defendant bus following the Defendant bus, the Defendant bus stopped over a two-lane, and the Defendant bus concealed the front part of Plaintiff Obane on the back part of Defendant bus (hereinafter “instant accident”).

(2) As a result, the Plaintiff suffered injury, such as ground for recognition, i.e., pulverization of the right-hand light and non-alley executives. [Grounds for recognition] The Plaintiff did not dispute, evidence Nos. 1, 2, 7, 8 (including partial numbers, the purport of the entire pleadings)

B. The Defendant’s assertion 1) The Plaintiff asserts that “The instant accident occurred due to negligence, which caused the instant accident, without stopping at the location of the bus stop marked on the third line road, and due to negligence, the Defendant shall compensate for the damages caused by the instant accident.” The Defendant asserts that “The instant accident occurred due to negligence, which the Plaintiff neglected the safety distance with the Defendant bus, which is the front vehicle, and neglected the duty of the front stop, and thus, the Defendant shall not be liable to compensate for the damages caused by the instant accident.” 2) In full view of the facts recognized prior to the determination and the following circumstances recognized by the aforementioned evidence, C, the driver of the Defendant bus, must stop at the bus stop to get passengers on board.