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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B buses (hereinafter “instant buses”).
B. On July 7, 2011, C driving the instant bus, around 21:30, and driving a one-lane road (hereinafter “instant road”) in front of the Ecafeteria located in D in Suwon-si, Suwon-si, Suwon-si, at a speed of about 30 km in the speed of speed from the surface of the SKKK C C’s west to the surface of the wave market at a speed of about 30 km in the speed of speed. On the other hand, the Plaintiff, under the influence of alcohol, was parked between the vehicles parked and walked into the instant road, and the bus fell short of the latter part of the instant bus.
(hereinafter “instant accident”). C.
In the instant accident, the Plaintiff suffered injury, such as damage to less advanced cerebral cerebral algos.
[Grounds for Recognition: Facts without dispute; Gap evidence Nos. 1-6; Gap evidence Nos. 1-14; each statement and video (including numbers, if any); the purport of the whole pleadings]
2. The assertion and judgment
A. The Plaintiff’s assertion C neglected to perform his duty of the front stop, and did not discover the Plaintiff, which was a far-distance distance from the front side of the bus of this case, and shocked the Plaintiff to the right side of the bus of this case. Therefore, the Defendant is liable to compensate for the damages suffered by the Plaintiff due to the instant accident.
B. (i) In general, a motor vehicle driver is not obliged to perform his/her duty of care to the extent that he/she can avoid the outcome in preparation for an occurrence of an ordinarily anticipated event.
B. The following circumstances are acknowledged by the evidence as follows: ① At night at the time of the instant accident; ② at the time of the instant accident, the vehicle was parked on both sides of the instant road, and the C’s view was partially limited; ② the vehicle parked between the Plaintiff and parked on the instant road, and the bus was faced with the front and rear of the instant bus. As such, C was placed on the side of the instant road prior to the instant accident.