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(영문) 서울중앙지방법원 2015.05.08 2014나32761

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the overall purport of the pleadings and video images as stated in Gap evidence 1 to 3, 13, and Eul evidence 1 and 2 (including the branch number with which each number is attached; hereinafter the same shall apply):

The Geumho-high speed Co., Ltd. (hereinafter referred to as the "gold-high speed Co., Ltd.") concluded a bus mutual aid agreement with the plaintiff Jeonnam branch with respect to the A bus owned by it (hereinafter referred to as the " plaintiff's vehicle"), and the defendant entered into a bus mutual aid agreement with the plaintiff Gyeongnam branch with respect to the B bus owned by it (hereinafter referred to as the "Defendant vehicle").

B. On October 26, 2012, the driver C of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle at a one-lane point of 380 km at the upstream of the Gyeong Highway (hereinafter referred to as the bus exclusive lane). While the vehicle stops at the front section of the bus, the Plaintiff’s driver discovered the Kazn vehicle from the front section of the road, which was stopped at the speed of 380 km of the Kazn vehicle, and concealed the back part of the Kazn vehicle without reducing the speed of the vehicle.

Plaintiff

The defendant vehicle which stopped after the string of the vehicle, when the vehicle stops after the string of the vehicle of the plaintiff vehicle, string the back part of the vehicle of the plaintiff vehicle into the front part, string the vehicle of the front side again, and then string other vehicles by pushing the vehicle into two-lanes, and string the back part of the vehicle of the plaintiff vehicle due to the speed that the defendant vehicle stops.

As a result, there was an accident that is injured by the driver of the car and the passengers of the plaintiff vehicle.

(hereinafter referred to as the “instant accident”). C.

At the time of the instant accident, the location of the instant accident was an expressway where the bus exclusive lane was implemented, and according to the Road Traffic Act and the Enforcement Decree of the Road Traffic Act, the said car was not a vehicle that can pass the expressway exclusive bus lanes.

The plaintiff is five passengers of the plaintiff and the total driver of the car.