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(영문) 서울중앙지방법원 2016.10.20 2016나28759
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business operator who has entered into a motor vehicle mutual aid contract with A urban bus (hereinafter “Plaintiff”), and the Defendant is the owner of B bus (hereinafter “Defendant vehicle”).

B. On August 31, 2012, at the end of 21:25, the Defendant’s vehicle driven along four lanes in front of the Dong-dong town stop in Seocheon-si, Seocheon-si, the following: (a) while changing the lanes from four lanes at another point of the said stop to five lanes; (b) again, without entering the front right side of the stop installed adjacent to the right side of five lanes, Defendant’s vehicle stops along the five lanes and the above main stop; (c) the Plaintiff’s vehicle driving behind the end of five lanes at the end of the end of the stop; and (d) the front part of the Plaintiff’s vehicle was found to be late, and (e) the front part of the Defendant’s vehicle was concealed into the front part of the bus.

(hereinafter referred to as “instant accident”). C.

By April 11, 2013, the Plaintiff paid 21,481,150 won to the Plaintiff’s vehicle passengers’ medical expenses.

[Ground of recognition] Unsatisfy, each entry or video of Gap evidence 1 to 3 (including the paper number), the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the party’s assertion is that the Defendant’s vehicle that obstructed the course of the Plaintiff’s vehicle is at least 20% of the negligence, and the Defendant asserted that the said accident was caused by the negligence of the Plaintiff’s vehicle that neglected the duty of front-time care, and thus, the liability for damages lies solely on the Plaintiff’s vehicle.

B. According to the above facts of recognition, it is deemed that the Plaintiff’s vehicle is mainly responsible for the occurrence of the instant accident to the Plaintiff’s vehicle that did not properly examine the movement of the vehicle on the front line. However, in a case where the bus stops separately from the main lane so as not to obstruct the flow of traffic, such as the instant place, buses are located in the said space, barring special circumstances.

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