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(영문) 대구지방법원 2017.06.22 2017나300129
구상금
Text

1. Of the judgment of the first instance, the part against the Defendants in the judgment is modified as follows.

2. The plaintiff, and the defendant B shall be 2,631,289 won.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the F vehicle between E and E (hereinafter “Plaintiff vehicle”).

(2) Defendant B is an insurer who entered into an automobile insurance contract with the Plaintiff. Defendant B is the president of the G Art Institute, and the network H is an employee of the Defendant B from October 2008, who was a driver of the G Art Institute, driving an I vehicle, which is a school driver of the G Art Institute, (hereinafter “Defendant vehicle”), and attended school.

3) Meanwhile, the network H died on March 11, 2010, and Defendant A, C, and D were those of the network H, and their statutory inheritance portion is 1/3 each, respectively. B. 1) The network H, around 14:20 on August 24, 2009, was driving at the port as one-lanes around the Jju station located adjacent to the foregoing G Art Institute (hereinafter “instant lower-class station”). At the time, the network H was seated at the seat of the driver’s seat.

2) While driving the Plaintiff’s vehicle and driving on the side of the lower point of the instant vehicle, E did not discover K crossing the road after passing ahead of the Defendant’s vehicle at the time, and did not match K at the front part of the Plaintiff’s vehicle (hereinafter “instant accident”).

(C) From November 18, 2009 to February 25, 2016, the Plaintiff paid KRW 26,312,890,00 as K’s medical expenses to the Medical Center, etc. Meanwhile, the former Road Traffic Act (amended by Act No. 9580, Apr. 1, 2009; hereinafter the same shall apply) that was being performed at the time of the instant accident.

The provisions of Article 51 (Special Protection of School Buses (1) When any school bus for children is operating the apparatus to indicate that children or infants are getting on and off, such as on-and-off, etc., after stopping on the road, the driver of any motor vehicle driving the lane on which the school bus stops and that immediately next to the lane thereof, shall temporarily stop before reaching the school bus, check the safety and slowly drive the school bus after checking the traffic safety.

(2) Cases under paragraph (1).

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