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(영문) 서울북부지방법원 2015.04.17 2014나6761
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the admitting party of the judgment of the court of first instance states concerning this case are as follows, except for the addition of the following judgments to the pertinent part, and therefore, the following are identical to the reasons for the judgment of the court of first instance.

2. The plaintiff asserts that the accident of this case occurred due to the violation of the duty of safe driving of the bus, which is the driver, since the driver B, who is a driver, did not work within the bus in operation until stopping the bus in accordance with the bus safety manual, and did not stop the plaintiff of the first fishing vessel in order to get the vehicle down before stopping the bus even though it was necessary to keep the vehicle down, and the plaintiff did not stop the plaintiff of the second-lane, while changing the bus to a second-lane without any attention, so that the elderly who is unable to keep the balance falls down due to the sudden reduction in speed and the shock in the bus operation.

On the other hand, the standard for the existence of negligence, which is the premise of the obligation to compensate for damages by a tort, and the seriousness of such negligence, is not determined by the specific circumstances with respect to the individual, but should be determined by the standard for the degree of attention which can be a general general person. The above general common person does not mean an abstract general person, but refers to an ordinary person engaged in such work and duties. Therefore, a person engaged in such work and duties must discuss whether there is negligence with the standard for the degree of attention that anyone can normally perform.

(See Supreme Court Decision 66Da1938 delivered on July 18, 1967). Bus safe driving manuals (Evidence A 11) cannot be deemed as a legal norm binding on bus drivers as an educational instruction or a guide for the safe operation of bus drivers, and the instant case.

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