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(영문) 울산지방법원 2017.07.19 2016가합2259

손해배상(기)

Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 91,035,168, and KRW 54,023,445, respectively, and each of the said amounts.

Reasons

1. Basic facts

A. (1) The occurrence of the instant accident is 1) The Defendant Thai Tourism Co., Ltd. (hereinafter “Defendant Company”).

(3) As an affiliated tourist bus driver, the Defendant Company’s 47 U.S. passenger buses owned by the Defendant Company (hereinafter “instant bus”).

2) On October 13, 2016, D driving the bus of this case on 19 passengers, including F, around 22:10 on October 13, 2016, D driving the bus of this case, and driving the bus of this case along the point of 40.8 km from the Seoyang-gu Busan Metropolitan City Busan Metropolitan City Busan Metropolitan City, Ulsan Metropolitan City, along the two-lanes from the side of the racing to the side of the Busan Metropolitan City, D driving the bus of this case along the two-lanes, but changing the two-lanes in order to enter the Ulsan Metropolitan City.

At the time, there was no streetlight at night, and there was a very high range of view, and there was a field where the extension construction of the route between the Youngcheon-Gu Highway is underway, so the speed of restriction was 80km per hour.

In addition, due to the expansion of the route, the width of each lane is narrow compared to that of ordinary expressways, and there was no sufficient space such as the sideway in the situation where there was a protection wall of 1.2m high of concrete material at a location of about 50cm away from the two lanes.

3 In such circumstances, D had a duty of care to reduce speed and safely change the course in a state of securing sufficient distance by accurately checking the progress of two-lanes of vehicle driving in order to change the two-lanes.

Nevertheless, D neglected to do so and changed the lane rapidly between two different buses where two lanes are driving mainly at a speed of 86 km as average speed from the point where 500 km ahead of that, in order to move into the Ulsan-do-do-do-do-do-do-do-do-do-do-do-do-do-si.

The bus of this case, which did not have a fire-fighting phenomenon due to speed, is at the right right by fire-fighting.