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(영문) 울산지방법원 2017.07.19 2016가합2297

손해배상(기)

Text

1. The Defendants jointly share to the Plaintiffs each of KRW 137,358,448 and each of the said amounts, from October 13, 2016 to July 19, 2017.

Reasons

1. Basic facts

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

(3) As an operator of a tourist bus belonging to the Defendant Company, 47 passenger buses owned by the Defendant Company (hereinafter “instant bus”).

On October 13, 2016, C was engaged in driving duties. 2) On October 13, 2016, at around 22:10, 2016, C operated the bus of this case with 19 passengers, including E and F, and operated the bus of this case, and the point at which 40.8 km Busan located at the Seoyang-gu Busan Metropolitan City Busan Metropolitan City Busan Metropolitan City Busan Metropolitan City Busan Metropolitan City Gyeong-do Busan Metropolitan City Do Do 40.8 km from the boundary of the racing to the Busan Metropolitan City Do Do Do 2-lane, but the lane was changed to the two-lane in order to enter the Ulsan Metropolitan City Do Do.

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, C has a duty of care to accurately check the progress of two-lanes of vehicle driving, which is desired to change the lanes, and to ensure a sufficient distance, to reduce speed and change the way safely.

Nevertheless, C neglected this and changed the lane rapidly between the two different buses where the two lanes are driving along the two lanes, with the average speed of 86 km from the point higher than 500 km in order to move into the Ulsan-si Area while leaving the same speed more than 20 km.

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