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(영문) 서울중앙지방법원 2017.04.28 2016가단5171350
손해배상(자)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A. On April 10, 2016, C driven D Buses (hereinafter “Defendant Bus”) around 16:24, and driven the front road of Yongsan-gu Seoul Metropolitan Government along the left side of two-lanes from the direction of the luxon Station to the luxon Station.

At that time, F driven an air-line 125 cc or 124 cc c' (hereinafter referred to as the "Plaintiff-to-land") without a driver's license, driving an air-line 125 cc or 124 c' (hereinafter referred to as the "Plaintiff-to-land") and driving behind the Defendant bus in two-lanes according to the two-lane c. in order to overtake the Defendant bus, while driving on the right side of the above bus, the unclaimed vehicle in front of the moving direction was stopped, and driving on the front side of the Defendant bus was reduced to the road after the collision with the front side of the Defendant bus.

(hereinafter referred to as the “instant accident”) B.

Due to the instant accident, F (hereinafter referred to as “the deceased”) died.

C. Defendant Northern Transport Business Association is the owner of Defendant bus, and the Federation of Defendant North Korea Bus Transport Business Association is the insurer who has concluded a comprehensive automobile insurance contract with Defendant Northern Transport Business Co., Ltd. regarding Defendant bus.

The plaintiffs are parents of the deceased.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 3, and the purport of the whole pleading of Eul No. 1

2. Determination

A. The gist of the claims by the parties C is that as a driver of the vehicle, C is negligent in driving the deceased by failing to stop the operation immediately after the fact that the driver's duty of care to safely drive the entire area and the left and right, even though the driver's duty of care was to be verified, and the driver's duty to safely drive the vehicle. Thus, the Defendant Northern Transport Co., Ltd., as the operator of the Defendant bus, is in accordance with Article 3 of the Guarantee of Automobile Accident Compensation Act.

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