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1. On May 17, 2019, at around 19:38, by C buses around the roads near the shooting distance of 773-dong, Nam-gu, Incheon Metropolitan City.
Reasons
1. Basic facts
A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with C Buses (hereinafter “Plaintiff”), and the Defendant is a driver of D Oralba (hereinafter “Defendant Oralba”).
B. On March 17, 2019, at F Hospital located in Incheon E around 19:38, the Plaintiff entered the route prior to the long distance of the roadside hospital to make a right-to-pass to the long distance of viewing, and Defendant Oba, who followed the Plaintiff’s vehicle, is driving along the road between the Plaintiff’s vehicle and India.
Plaintiff
The accident was caused by the receipt of the right side of the vehicle (hereinafter referred to as the "accident").
C. In accordance with Article 11 of the Guarantee of Automobile Accident Compensation Act, the Plaintiff paid the Defendant KRW 4,804,070,070, in total, as medical expenses and damages, until February 17, 2020.
[Ground for Recognition: Unsatisfy Facts, Gap evidence 1 through 6, each entry and video of evidence Nos. 3 and 4, and purport of whole pleadings]
2. In the occurrence of a traffic accident, in a case where it is reasonable to believe that there is no abnormal behavior in light of the overall circumstances at the time when the behavior of the victim or the traffic offense committed by a third party is opened, the responsibility of the public operator for the operation of the vehicle or the driver for the operation of the vehicle is denied unless there is no traffic offense which caused the accident on the part of the perpetrator (see Supreme Court Decision 2000Da12068, Sept. 5, 200). According to the black box image of the Plaintiff’s vehicle, when the Plaintiff bus entered the lane on the right side of the bus, the Defendant Ora while entering the lane on the right side of the Plaintiff bus is going through the space between the yellow spot line and the delivery.
Plaintiff
It can be seen that the bus has been maintained down by shocking to the side of the bus at the time when the frame began to move down.
The space between the yellow room and the delivery, which Defendant Otoba driven on, shall not pass as a roadside area (Article 13(6) of the Road Traffic Act).