Whether a person who operates a broom road on a bypassed road has a duty of care to avoid a collision in advance by predicting that the vehicle that broomd in the opposite direction broomd the central line, and thus, anticipated the person who operates the broom road to commit the collision (negative)

Even if it is difficult to turn off the surface on a broom, which is a second line where a traffic accident takes place, it cannot be deemed that there is a duty of care to prevent the occurrence of a collision accident in advance by driving the second line or the right side of the road, in advance, because the driver of a broom bus, who was normally traveling along the vehicle line for his own use, returned to the road where the driver of the broom bus was towed by the right side of the vehicle, while the driver of the broom bus, who was traveling along the normal course of the vehicle along the opposite direction.

Articles 763 and 396 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant)

Hyundai Maritime Fire Insurance Co., Ltd., Counsel for the plaintiff-appellant

Samsung Transportation Co., Ltd., Counsel for the defendant-appellant-appellee

Gwangju High Court Decision 89Na6692 delivered on August 29, 1990

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

The court below found that the part of the passenger vehicle, which was driven by the non-party 1, which was driven by the non-party 1 while driving a car 11 ton of the defendant and driving at a speed of 70 kilometers along the first line of the second line of the road, was the left-hand part of the 12-person bus driving by the non-party 1, the left-hand part of the 12-person bus driving by the non-party 1, who was driven by the non-party 1 while driving the 11 ton of the defendant, and driving the 11 ton of the 2nd line of the 2nd line of the 2nd line of the 15-2nd line of the 2nd line of the 2nd line of the 2nd line of the 10th line of the 2nd line of the 2nd line of the 2nd line of the 2nd line of the 2nd line of the 2nd line of the 2nd line of the 2nd line of the 2nd line of the 2nd line of the 2nd line of the traffic accident.

Therefore, the defendant's appeal is dismissed and all costs of appeal are assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-sung (Presiding Justice)