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(영문) 창원지방법원 2017.08.18 2016가단16897
구상금
Text

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 Plaintiff is an insurer who has entered into a mutual aid agreement with A (hereinafter referred to as “instant bus”) with New Geumsan Tourist Tour Co., Ltd. (hereinafter referred to as “Nonindicted Company”).

B. A around 17:50 on July 31, 2015, around 17:50, 61 passengers who are more than 47 passengers of the instant bus, and the instant bus was driven by a driver, etc. of the instant bus, and the bus was driven by a driver, etc. of the instant bus, one-lane between the two-lanes in front of the entrance of sand room village in the grix of the grh, Sari, Sari, etc., leading to the passage from the parallel parallel

B, while proceeding narrow the distance between the preceding vehicle and the preceding vehicle to prevent the other vehicle from sticking to one lane, it was negligent in operating the steering gear on the right side without accurately operating the steering gear in order to avoid the collision with the vehicle, and caused the instant bus to leave the road, resulting in a protective fence installed on the right side of the road and fall down below the road.

(hereinafter “instant accident”). C.

A while aboard the bus of this case due to the accident of this case, C died of neutical shocks around that time, D died of leutical shocks, etc., and 58 passengers, including E, suffered injuries.

From September 4, 2015 to September 30, 2016, the Plaintiff paid KRW 351,618,000 in total with 55 bus passengers and 35 drivers’ medical expenses, B’ medical expenses, agreed amount, and repair expenses.

[Reasons for Recognition] Unsatisfy, each entry of Gap 1 through 5 (including partial numbers), and the purport of the whole pleadings

2. The accident place of the Plaintiff’s assertion is a two-lane road along which a central separation zone is installed, the traffic of large vehicles is high, the height of slope surface is about 6 meters from the surface of the road, and the access road at the entrance of sand room below the slope level is about 6 meters, and the road at the entrance of sand room is a road where the risk of onshore is high in accordance with the Road Act and relevant regulations.

In such cases, roads;

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