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(영문) 부산지방법원 2017.12.19 2016가단304405
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. Around 10:50 on December 8, 2015, when D, an employee of the Defendant Sycho high speed Co., Ltd. (hereinafter “Defendant Sycho-high speed”), driven an E-high speed bus (hereinafter “Defendant vehicle”) and proceeding one lane on the three-lane road in front of the Busan East-gu Women Manpower Development Institute for Women’s Manpower Development, Busan East-gu, Busan, with the inner intersection (hereinafter “instant accident”), there was an accident in which the crosswalk in the front direction crossing the pedestrian signal without permission on the pedestrian signal with the Plaintiff A (hereinafter “instant accident”).

B. In the instant accident, Plaintiff A suffered bodily injury, such as a closed cerebral cerebral tymosis, an inner rupture, salone, and alley, etc.

C. The Plaintiff B and C are the parents of the Plaintiff, and the Defendant National Federation of Bus Transport Business Associations (hereinafter “Defendant Federation”) is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with the Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 3, Eul evidence 1-1 to 21, and the purport of the whole pleadings

2. The plaintiffs' assertion that the accident occurred due to the violation of the duty of care, such as neglecting the duty of care on the front side by the driver of the defendant vehicle, driving under the speed of the driver, driving on the first lane in which the large passenger vehicle is unable to be operated. Thus, the user of the defendant vehicle and the owner of the vehicle, and the defendant federation, which is the mutual aid business for the defendant vehicle, are jointly and severally liable for the damages of the plaintiffs due to the accident in this case.

3. The following circumstances, which can be acknowledged by taking into account the following circumstances, i.e., the Defendant’s vehicle immediately before the instant accident runs at a speed of about 52 km at a speed of 60 km at the time of restriction, and the Plaintiff’s vehicle at the time of the instant accident lies on the crosswalk stop line at the time of the instant accident.

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