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(영문) 서울중앙지방법원 2017.11.13 2016가단5211500
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 9, 2016, the driver D, who belongs to Taechi Transport Co., Ltd., operated a bus (hereinafter “instant bus”) around 21:52 on March 21, 2016, and operated a three-lane road in front of the Seoul Dongdaemun-gu Seoul, Seoul, using a three-lane road from the string distance boundary to the string distance boundary of the road, in accordance with the central bus exclusive lane, which is a one-lane road.

B. The deceased G (hereinafter “the deceased”) was crossing the crosswalk on the pedestrian red signal from the right side of the bus in this case to the left side, and D was found and operated late after the deceased, but was not faced with the head part of the deceased on the right side of the bus in this case.

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

On March 9, 2016, the deceased died due to severe brain damage. On March 22:53, 2016, there are Plaintiff A and Plaintiff B and C, the spouse of the deceased.

[Reasons for Recognition] Facts without dispute, Gap 1, 5 evidence, Eul 1 and 2 evidence (including numbers), the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The instant accident occurred due to the negligence that D, engaged in driving duties, neglected the duty of care to perform as a driver, and thus, the Plaintiffs, who are the deceased and their inheritors, seek compensation for the damages incurred.

B. In full view of the following facts and circumstances recognized by the evidence adopted prior to the determination, Gap 7-9 evidence, Eul 3 evidence, and the purport of the entire pleadings, it is reasonable to view that D did not neglect to pay attention to the operation of the bus of this case at the time of the accident of this case, the deceased was grossly negligent, and there was no structural defect or functional impairment in the bus of this case. Thus, the plaintiffs' claim is without merit.

① The instant crosswalk occurred at a crosswalk in the intersection, and the said crosswalk is immediately after the passage of the intersection, when viewed in the direction of the instant bus.

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