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(영문) 서울중앙지방법원 2017.06.30 2017나9212
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Around 21:00 on October 31, 2014, the facts of recognition B driven a C Bus (hereinafter “Defendant vehicle”) and driven the front road (i.e., one lane) located in Pyeongtaek-si D on the right side of the Defendant vehicle in front of the road (i.e., one lane) from Pyeongtaek-si D to the right side of Pyeongtaek-si D, and the vehicle illegally parked on the right side of the moving direction, and the front of the F car of the Plaintiff’s driving, which was proceeding along the opposite lane, conflict with the front of the Defendant vehicle.

The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid contract for the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4 (including branch numbers)

2. Occurrence of liability for damages;

A. According to the fact of recognition of liability, the defendant is liable to compensate for the damage suffered by the plaintiff due to the accident in this case as a mutual aid business operator of defendant vehicle.

B. The limitation of liability: (a) the following circumstances acknowledged by the aforementioned evidence and the purport of the entire pleadings are as follows; (b) the driver of the Defendant vehicle had no choice but to drive the median line inevitably due to illegal parked vehicles on the right side of the proceeding; and (c) the Plaintiff could have anticipated that the Defendant vehicle would have been driving with the median line in the opposite direction due to such road conditions; and (d) in particular, according to the list of the accompanying images of the Defendant vehicle’s booms (in accordance with the electronic records and separate management, and the criminal case records sent by the Suwon Regional Inspection Agency as of November 2, 2015, submitted by the notice of delivery of a certified copy of the first instance judgment, the Defendant vehicle did not appear at the front line at the time of the collision; (c) the Defendant vehicle driver found and reduced the speed of the Plaintiff vehicle, but the Plaintiff may conflict with the Defendant vehicle by driving the vehicle without speeding or stopping it.

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