(영문) 서울중앙지방법원 2017.05.12 2016나76666

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.05.12 2016나76666

손해배상(자)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The key issue of the instant case is whether the instant traffic accident, which caused the death of the deceased C, occurred due to the negligence of E, a bus driver at the time of the death of the deceased C.

The court of first instance did not err in the judgment of the court of first instance that “it cannot be said that there was any negligence on E in the occurrence of the instant traffic accident,” while the court of first instance did not err in the judgment of the court of first instance that “it cannot be said that there was any negligence on the part of E in the occurrence of the instant traffic accident.”

(However, it seems inappropriate for the first instance court to have explained that the deceased immediately before the accident had "delivery of the front side of the Defendant vehicle" on the grounds of its judgment, but its conclusion does not change accordingly). 2. The reasoning of the first instance court judgment is the same as the reasoning of the first instance court judgment, except that the part of the first instance judgment is used as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 2nd page 12 of the judgment of the first instance court shall be filled with "C".

Part 3 9 of the judgment of the first instance court (based on recognition) shall add "A evidence 16, No. 4 of the judgment of the first instance."

On the third side of the judgment of the first instance court, the "victim" shall be raised to "victim".

The 3rd side of the judgment of the first instance court shall be deleted.

The part on the third page of the judgment of the first instance court stating the "delivery of the front left behind the driver's seat" is cited by the first instance court as it is without disposition by the prosecutor.

The 3rd page of the decision of the first instance court shall be applied to "Daa division" in the fourth 3rd page of the decision of the first instance.

3. In conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-민사소송법 제420조

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