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(영문) 창원지방법원 2019.01.25 2018가단105593
손해배상(자)
Text

1. The Defendant’s KRW 126,830,121 as well as 5% per annum from July 5, 2017 to January 25, 2019 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Comprehensively taking account of the overall purport of the statements and arguments by evidence Nos. 2, 3, and 5 (including partial numbers) of the Defendant’s liability for damages, C is a fact that, while driving a D Bus around 10:00 on July 5, 2017 (hereinafter “instant bus”) and driving it on the side of the road in front of the east-dong-dong-dong-dong-dong-dong-ro in Kimhae-si at the time of Kim, the Plaintiff did not discover the Plaintiff crossing the road in accordance with green signal at the Mada-dong-dong (hereinafter “instant accident”), and the Plaintiff was seriously injured by the chief part of the instant bus’s operation (hereinafter “the instant accident”), and the fact that the Defendant was the insurer who entered into a mutual aid agreement regarding the instant bus.

According to the above facts, C, a bus driver of the instant bus, is liable to compensate the Plaintiff for the damages incurred by the instant accident, as the insurer, since C, as a person engaged in driving service, was negligent in neglecting the duty of care to ensure safe progress by checking the right and the right and the right of the road where the signal, etc. is located in the vicinity of the intersection.

B. The Defendant asserts that “the Plaintiff was negligent in failing to perform his/her duty of care, even though he/she had been able to take into account whether the Plaintiff, while walking along the crosswalk, did not only walk the signal but also drive the road on the road.”

However, the accident location of this case was a road near the intersection where the signal lights are installed with heavy pedestrian traffic, and C, the driver of the bus of this case, should have checked as to whether there is a pedestrian crossing at the crosswalk, and should have checked as to whether there is a pedestrian crossing, but it did not find the plaintiff crossing in accordance with the green signal in the crosswalk.

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