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(영문) 울산지방법원 2016.10.26 2015나22205
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

2...

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) Plaintiff A is the wife of the network D (hereinafter “the deceased”), and Plaintiff B and C are the children of the deceased.

The defendant is a mutual aid project operator who has entered into a mutual aid agreement with the Ulsan Passenger Transport Corporation (hereinafter referred to as "Ulsan Passenger") holding I buses (hereinafter referred to as "Defendant vehicle") to compensate for damage caused by an accident during the operation of the above vehicle.

(2) On March 22, 2014, the Deceased driven a road in Fandong-gu, Ulsan Metropolitan City E on March 22, 2014 at a speed of 21 km per hour from the boundary of the Dong-gu Police Station from the area of the mountain beach to the area of the Dong-gu Police Station.

At this time, H, the personnel of Ulsan passenger, was driving the Defendant vehicle at the rear of the above Oralb, and was proceeding at a speed of 73 km per hour, depending on the two-lanes in the direction of the Deceased's Oralba in the same direction as that of the Deceased.

(3) The Defendant’s vehicle was an intersection of the large distance distance on the “accident site map” attached Table 1, and was approaching the Deceased’s Obane. The Deceased driven the said Oba, and changed its course from the two-lane to the one-lane where the Defendant’s vehicle is running.

At this time, H did not avoid the stobane of the deceased and caused the deceased to go beyond the left part of the upper right part of the Defendant’s vehicle with the upper part of the part above the left part, thereby causing injury to the deceased, such as cerebral blood transfusion, etc., and the deceased died at around 22:25 on the following day.

(hereinafter “instant accident”). 【The ground for recognition” did not have any dispute, Gap’s 1, 2, and 3 evidence, Eul’s 1 through 4, and the purport of the entire pleadings and arguments.

B. (1) The main text of Article 3 of the Guarantee of Automobile Accident Compensation Act provides that a person who operates an automobile for his own sake shall be liable to compensate for the damages when he has caused the death or injury of another person due to the operation of the automobile.

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