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(영문) 울산지방법원 2015.04.08 2014나5289

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.

Reasons

1. The following facts are either not disputed between the parties, or acknowledged based on Gap evidence Nos. 1-1, 2, 4, 5, 8-1, 2, and 3 as a whole in light of the purport of the entire pleadings.

F On November 19, 2013, at around 07:37, F was 125 cc. Sc. Mabababababababababababababababababababababababa, which was driven by Dbabababa, which was driven by the Dbabababa, and was driven by the Pbababababa in the Jin-dong, Ulsan-gu, Ulsan-gu, Ulsan-gu, U.S., to turn

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

As a result, C died on November 24, 2013 due to injury of cerebrovascular, etc.

C. The plaintiffs are the parents of the network C, and the defendant is the mutual aid business operator who has concluded a mutual aid agreement on the chartered bus.

2. Whether liability for damages arises;

A. The plaintiffs asserted that the defendant is liable to compensate the above deceased and the plaintiffs for all damages caused by the accident of this case.

As to this, the defendant asserts that the accident of this case is not the F's negligence but solely caused by the negligence of the deceased, so the defendant is not liable to compensate for the damage.

B. Comprehensively taking account of the descriptions in subparagraph 8-1 to 4 of the evidence No. 8-1 and the entire purport of the arguments as a result of the party’s CD verification, F at the time of the instant accident, when the signal, etc. was transferred to the intersection near the intersection while proceeding two lanes from the width of the filial length distance, and the left turn to the left at the two-lane without changing the lane to the left turn signal; C intends to enter the intersection after the lapse of three seconds from the boundary of the vehicle exit and the office where the signal, etc. was moved to the left turn to the right turn signal; and C intends to turn to the right turn to the left at the intersection after the passage of three seconds from the point of the vehicle exit and the office where it was proceeding in two lanes to the stop signal; and there is a conflict between F driver’s bus and C driving.