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(영문) 부산지방법원 2016.07.08 2015나47997
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Occurrence of liability for damages;

A. 1) D is the E-city bus vehicles around 11:50 on April 17, 2012 (hereinafter “instant sea vehicle”). D is the instant sea vehicle.

2) While driving his/her vehicle and driving his/her vehicle in Ulsan-gun, Ulsan-gun, U.S., U.S., along with the crossing of the bill company distance from the surface of the terminal shooting distance, he/she overtakens the bicycle of the Plaintiff’s driver, which was earlier than the intersection where overtaking is prohibited, and he/she shocks the part of the Plaintiff’s bicycle left part of the Plaintiff’s bicycle to the right side of the vehicle where overtaking is prohibited, and the Plaintiff, as a consequence, she gets out of the road surface along with the bicycle, thereby causing injury to the Plaintiff, such as chilling of the credit rating, etc. (hereinafter

(2) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement under the Guarantee of Automobile Accident Compensation Act for the above sea-going vehicles.

[Reasons for Recognition] Facts without dispute, entry of Gap 2, 3, and 7 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above facts, the defendant is liable to compensate the plaintiff for damages caused by the instant accident, such as the violation of the duty of safety, such as the prohibition of overtaking of D, as the insurer of the virtual sea of this case, unless there are special circumstances.

C. According to each of the evidence revealed earlier prior to the limitation of liability, the Plaintiff, who was driving on a one-lane road at the time of the instant accident, may also drive the said bicycle at the vicinity of the said road while driving along the right side of the bicycle in the same direction as far as possible, ought to promote its own safety by: (a) moving before and after the instant accident along the right side of the road; (b) showing the right side; and (c) closely examining and coping with the movement of the vehicle; (d) however, the Plaintiff was erroneous in driving the said bicycle at the right side of the said road without the Plaintiff’s safety mother, and the Plaintiff’s error thereby led to the occurrence or expansion of damages caused by the instant accident.

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