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(영문) 전주지방법원 2017.05.19 2016가단13309
손해배상(자)
Text

The defendant's KRW 19,197,453 to the plaintiff and its related KRW 5% per annum from December 15, 2013 to May 19, 2017, and the following.

Reasons

On December 15, 2013, F used a G bus (hereinafter referred to as “Defendant vehicle”) on December 15, 2013, and came to a shooting distance at the entrance of the Jinnam-ri Village at Mangyeong-gu, Mangyeong-do. The Plaintiff A (hereinafter referred to as “Plaintiff A”) also driven the H truck on the same day and became the same place.

However, at around 09:35 on the same day, the front part of the Plaintiff’s vehicle and the rear part of the Defendant’s vehicle, which are driving from the right side to the right side at the right side of the cultural village without well examining the right side of the front side, conflict.

(A) No. 3 and the above accident (hereinafter referred to as “instant accident”). The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid contract with respect to the defendant vehicle.

Plaintiff

B is the father of Plaintiff A, and Plaintiff C is the mother of Plaintiff A, and Plaintiff D and E are the births of Plaintiff A.

(A) According to the fact that the establishment of liability is recognized, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident of this case as a mutual aid business operator of the defendant vehicle.

In light of the fact that the location of the instant accident does not regulate traffic by signal lights, and it appears that the Plaintiff’s temporary stop at the entrance of the intersection to the intersection in the direction of the passage of the Plaintiff’s vehicle, it seems that the Plaintiff did not fulfill its duty of care to temporarily stop prior to the Plaintiff’s access to the intersection and drive by carefully examining the existence and movement of other vehicles (Article 25(6) of the Road Traffic Act).

In addition, in light of the shock side of the Plaintiff’s vehicle and the Defendant’s vehicle, it seems that the Defendant’s vehicle first entered the intersection, the Defendant’s vehicle as a bus has to pay more attention to driving, as it is possible for the other party to suffer fatal danger if there is a collision as well as the distance of operation as a bus. The Defendant’s vehicle is installed with safety signs indicating the concession at the entrance of the intersection.

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