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(영문) 서울중앙지방법원 2017.07.21 2016가단5084500

손해배상(자)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 16, 2016, B driven the C urban bus (hereinafter “Defendant bus”) around 06:20, and, depending on the central bus-only four-lane of the 678-lane road in Dobong-gu Seoul Metropolitan Government, the central bus-only one-laned road of the 4-lane road in Dobong-gu, Dobong-gu, Seoul, the speeded D crossing the crosswalk to the right side of the Defendant bus at the speed of 58km/h/h of the speed depending on the vehicle signal according to the driving signal.

(hereinafter “instant accident”). B.

Due to the instant accident, D (hereinafter referred to as “the deceased”) died due to the injury to two traumas.

C. The plaintiff is the father of the deceased, and the defendant is the mutual aid business operator who has concluded a motor vehicle mutual aid contract against the defendant bus.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 4 (including all family cards with a serial number), the video of Eul No. 2, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The location where the Plaintiff’s assertion occurred is a crosswalk adjacent to the bus stop, which is likely to anticipate the existence of pedestrians crossing without permission due to the violation of the pedestrian signals, and it can be easily anticipated that there might be obstacles to securing drivers’ campings due to frequent passage of buses.

Therefore, the driver of the defendant bus who passes the crosswalk adjacent to the bus stop is responsible for the accident of this case since he was at fault without paying a speed even though he had to reduce the speed in preparation for the occurrence of pedestrians crossing the crosswalk without permission, and the defendant, who is the mutual aid business operator of the defendant bus, is liable for damages.

B. At the time of the instant accident, the driver of the Defendant bus at the time of the instant accident, in compliance with the speed limit according to the vehicle driving signal, and it was not possible to expect pedestrians to cross without permission due to disregarding pedestrian signal.