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(영문) 서울중앙지방법원 2015.11.27 2013가단243204
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts B

A. As seen above, C, while driving a D bus (hereinafter “Defendant bus”) around 08:50 on October 30, 201 and making a left-hand turn from the sloping distance at the mother side in the city of king-si to the front side of the Gyeonggi Central Intersection, with the Gyeonggi Central Intersection, was in conflict with the E-cargo of the Plaintiff’s driver, who was directly in violation of the signal in the opposite part to the intersection (hereinafter “instant accident”), and the Plaintiff suffered injury, such as the separation of felds and the left-hand frame, etc.

B. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement for Defendant bus.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1, purport of whole pleadings]

2. The assertion and judgment

A. Even if the plaintiff's alleged vehicle violated the plaintiff's alleged right-hand turn, the driver of the defendant bus who made a left-hand turn has a duty of care to prevent the accident by taking into account whether the vehicle is already entering the intersection and driving slowly. Since the accident of this case occurred in violation of this duty, the defendant, who is the mutual aid business operator of the defendant bus, shall compensate the plaintiff for the loss incurred thereby.

B. The driver of a vehicle driving along an intersection where traffic is controlled by the traffic signal, etc., is sufficient to ensure that other vehicles are also believed to observe traffic regulations and take appropriate measures to avoid collision, barring special circumstances, and there is no duty of care to take special measures to prevent accidents in advance, as expected to be done when other vehicles violate the signal and walk along their career, or when one is expected to drive along with the traffic signal.

However, there are other vehicles already entering the intersection even if they are drivers of vehicles driving in compliance with signal.

another vehicle shall be a stop signal from the direction to the direction of the vehicle.

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