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(영문) 서울중앙지방법원 2020.08.28 2019나82044

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. On October 7, 2017, C driving a D bus (hereinafter “Defendant vehicle”) around 20:45, and passing the front of Gangseo-gu Seoul Metropolitan Government E along the intersection in one way (hereinafter “the bus exclusive lane”) between six-lanes from the Maero basin to the ero basin. The Plaintiff was located in the crosswalk beyond the two-lane stop line from the Matoro.

At the time the Defendant’s vehicle passes through an intersection, the Plaintiff, on the two-lanes, moved Hand on the left side of the vehicle towards the right side of the Defendant’s vehicle and the part of the Plaintiff’s knick on the left side of the front side of the vehicle.

(이하 ‘이 사건 사고’라 한다). 원고는 이 사건 사고로 인하여 좌측 제4, 5수지의 으깸 손상, 제5수지 동맥의 외상성 파열 등 상해를 입었다.

The defendant is a mutual aid business operator for the defendant vehicle.

[Based on recognition] Each description of Gap evidence Nos. 1 through 5, 9, Eul evidence No. 1 (including each number, if any; hereinafter the same shall apply), video, and the purport of the whole pleadings

B. According to the above recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident as the mutual aid business operator of the Defendant’s vehicle.

(The defendant's assertion of exemption is without merit, as long as it is found that the driver of the vehicle in the two-lanes of the accident site showed or could easily see the plaintiff's error and error and passed through the intersection near the two-lanes as it is, and the plaintiff's error and error are shocked.

In other words, the following circumstances, which are acknowledged by adding the above facts of recognition and the whole purport of the arguments in the above evidence, are as follows: ① The location of the accident in this case is reduced from six lanes to five lanes.