20 Gaz. 135793 damages (i.e., losses)

A

Law Firm Tae-tae, Counsel for the plaintiff-appellant

[Defendant-Appellee]

1. A stock company B;

2. C

[Judgment of the court below]

May 21, 2021

June 25, 2021

1. The plaintiff's claim is dismissed.

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

The Defendants jointly pay 57,019,660 won and interest thereon at each rate of 5% per annum from December 21, 2019 to April 19, 2021, and 12% per annum from the following day to the date of full payment.

1. Facts recognized;

A. On December 21, 2019, around 11:26, the Plaintiff: (a) on the sidewalk 213 located in the Janyang-ro, Seoul Gwangjin-gu, Seoul, left a bicycle in the direction of the old doctor’s distance; (b) went over the three-lanes on the road; and (c) stopped on the three-lanes; and (d) there was an accident involving the Plaintiff’s left arms onto the back right edge of the D Village bus belonging to Defendant B Co., Ltd. (hereinafter “the instant village bus”).

At the time of the accident in this case, the situation is as shown in the attached Form of the actual survey report on traffic accident.

B. The Plaintiff suffered injury due to the instant accident, such as injury to the left side of the upper part of the front part of the front part of the body of the Plaintiff, the outer parts of the thalth of the thalth of the thalth of the thalth of the thalth of the thalth of the thalth of the thalth of the thalth of the thalth of the thalth of the thalth of the thalth of the thalth of the thalth of January

[Reasons for Recognition] There is no dispute.

2. The allegations and judgment of the parties

A. The parties' assertion

At the time of the instant accident, Defendant C is a driver driving a village bus, which is a public transport, and the side part of the right side of the vehicle, which is linked to delivery, has been operated without checking properly the CCTV of 6-7 vehicles installed in the vehicle, and caused the instant accident. Therefore, the Plaintiff claimed that the Defendants should jointly pay the amount stated in the purport of the claim, including the daily profit of 22,080,070,000 won, the early medical treatment cost of 4,712,450, the early medical treatment cost of 8,350,000 won, and the compensation amount of 15,00,000 won due to mental distress.

Accordingly, the Defendants asserted that the Plaintiff’s claim amount is excessive in light of the Plaintiff’s income, etc., even if it is impossible for the Plaintiff to expect or discover the Plaintiff’s bicycle, which was driven on the sidewalk, in a situation where it is difficult to show that the Plaintiff’s bicycle, which was driven on the rear side, was in a situation where the Plaintiff’s bicycle was parked in a three-lane route while driving the instant village bus at the time of an accident, which was caused by driving of the bicycle on the sidewalk for construction work, and changing the course to a two-lane route from which it was stopped.

B. Determination

It is recognized that the CCTV screen on the left-hand side of the screen (hereinafter the left-hand screen of this case) which has been installed seven CCTV cameras on the village bus of this case, among which the driver can look at, shows to the driver the day occurring on the side of the village bus of this case from a wider point than the general right-hand side of the motor vehicle.

However, the following circumstances acknowledged by the plaintiff's statement and image of Eul 1 and 2 (including each number). The point where the accident occurred after the village bus of this case stopped and loaded passengers on the sidewalk, or it is not necessary to check the situation that occurred from the sidewalk on the left side of the bus of this case with the main purpose of preventing danger when passengers get on and off, but it is not necessary to check the situation that occurred from the sidewalk on the left side of the bus of this case. The accident of this case is about 10 seconds from the 9nd half of the village CCTV at the time of regeneration of the village bus of this case, and the village bus of this case stops from the front side of the road of this case to the rear side of the village bus of this case to the point where the plaintiff started to drive a new bus of this case to the point where the plaintiff started to drive a new bus of this case to the left side of the road of this case to the extent that the plaintiff started to drive a new bus of this case to the left side of the road of this case.

Therefore, the plaintiff's claim is dismissed.

Judges No. 50

A person shall be appointed.