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(영문) 서울중앙지방법원 2015.08.21 2014나16875
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 3,095,654 as well as to November 2008.

Reasons

1. Occurrence of liability for damages;

(a)The following facts of recognition may be found either in dispute between the parties or in accordance with Gap evidence Nos. 3, 11, and Eul evidence No. 6 (including each number; hereinafter the same shall apply), together with the overall purport of the pleadings:

1) C is a supplementary participant’s vehicle with D options in a state of alcohol alcohol level of at least 0.139% on November 13, 2008, around 01:55.

(i) A driver and a driver changed the bus line to one bus-only one lane, which is a bus-only one-lane, immediately before entering the urban railway corporation, in which the left turn is not allowed, in accordance with the two-lanes among the five-lanes in the speeds as specified in the Dongdaemun-gu Seoul Metropolitan Government heading Incheon Metropolitan City heading-dong, and tried to turn to the left immediately above the median line. In this case, HV bus (hereinafter referred to as the “Defendant”) that was proceeding directly in accordance with one-lane in the same direction.

(B) The driver G of the vehicle, in order to avoid the collision with the vehicle of the supplementary intervenor, was plucked by a plucker and plucked by the left-hand side, but the vehicle of the supplementary intervenor was not driven by the auxiliary intervenor, which eventually led to the collision between the front-hand part of the Defendant vehicle and the left-hand part of the supplementary intervenor, at the point beyond the median line, and the Plaintiff who was sitting on the Defendant vehicle due to the above collision, was injured by the bucker, etc. (hereinafter referred to

(2) The Defendant is a mutual aid business operator for the Defendant’s vehicle, and the Intervenor joining the Defendant is the owner of the auxiliary vehicle.

B. According to the occurrence of liability and the recognition of the above limitation, the defendant is liable for the damages suffered by the plaintiff as a mutual aid business operator of defendant vehicle.

However, since the plaintiff was on board the bus, it was necessary to secure the safety of the bus by properly cutting the seat loss and maintaining the balance of body in preparation for the unexpected situation that may occur during the bus operation, such as rapid stop or rapid stop stop.

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