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1. The Defendant’s KRW 12,568,343 as well as 5% per annum from February 25, 2017 to September 12, 2018 to the Plaintiff.
Reasons
Basic Facts
The plaintiff is the owner of the C Excavation period, and the defendant is a mutual aid business operator who has concluded a mutual aid agreement for the E-B bus owned by D during the period including the following accident date:
2016. 11. 24. 17:35경 세종시 F단지 앞 ‘ㅏ’자형 삼거리에서 직진하여 교차로를 통과하는 원고의 굴삭기와 그 오른쪽 도로에서 우회전하여 교차로에 진입한 위 버스가 충돌하는 교통사고가 발생하였다.
At the time of the accident, the plaintiff's excavation was in transit through the intersection with the last lane designated as the bypass line among the three lanes.
[Based on the fact that there is no dispute, Gap evidence Nos. 1 and 2, and the occurrence of liability limitation liability, the bus driver has a duty of care to safely pass through the intersection by examining whether there is a vehicle already entering the intersection and passing through the intersection by examining closely whether or not the said bus driver has already entered the intersection and has caused the accident of this case, which conflicts with the plaintiff's excavation season.
Therefore, D Co., Ltd., a bus operator, is liable for the property damage suffered by the plaintiff, and the defendant shall be jointly and severally liable with the bus driver in accordance with the terms and conditions of mutual aid.
On the other hand, the plaintiff's driver is a so-called so-called one-called one-lane that the plaintiff's driver has entered the intersection through the third-lane road where the right-hand surface is installed, and passes the intersection as is, and the two-lanes are turned into the intersection, and the two-lanes are turned into the intersection where the plaintiff's right-hand surface will be turned into the intersection, and the two-lanes are installed so that the vehicle seeking to enter by right-hand through the intersection, such as the defendant's side bus, can safely enter the road without any interference with the vehicle seeking to enter by right-hand through the intersection.