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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. Basic facts and the grounds for this part of the arguments by the parties are as stated in the “1. Recognition” and “2. A. The parties’ assertion” among the grounds of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[However, the certificate of the payment of mutual aid money (insurance money) shall be attached in attached Form 1, and the site map of the accident shall be attached in attached Form 2] 2.
A. In light of the following circumstances, the facts acknowledged earlier as to the ratio of liability and the overall circumstances revealed in the records, such as the background of the instant accident, it is reasonable to determine 20% of the negligence of the Plaintiff bus driver and 80% of the negligence of the Defendant taxi driver in the instant accident.
The Defendant taxi was making a right-hand bypassing to the intersection between the two-lanes of the road, and it seems not easy for Defendant taxi drivers to anticipate that Defendant taxi will proceed as above. On the other hand, Defendant taxi drivers could have sufficiently predicted that the instant accident occurred in the bus stops, and thus, Defendant taxi drivers would have been driving the bus after passengers get on and off the bus.
At the time of the instant accident, it appears that the Plaintiff bus driver would take into account the surrounding road condition before the bus driver start the bus (the Plaintiff bus driver started driving on the left side direction and started it temporarily). Therefore, it is difficult to view that the Plaintiff bus driver started without looking at all of the direction.
피고 택시가 우회전하기 전 방향지시등을 켠 것으로 보이기는 한다.
However, considering the location, speed, etc. of each vehicle at the time when the plaintiff bus starts, it was difficult for the plaintiff bus driver to recognize the fact such as the direction of the defendant taxi.
On the other hand, the place where the instant accident occurred has an access road before right-hand.