The case reversing the judgment of the court below on the ground that the plaintiff neglected to exercise due care when passing through a narrow slabway even to the plaintiff seeking compensation for damages against the company of the accident bus that caused a collision with the central line; and that the decision of the court below was erroneous in finding a comparative negligence of 30 percent;

The plaintiff, who is operating his own car with his own bus, is believed to operate the vehicle in his opposite direction with his own bus line. Thus, the plaintiff is not obliged to pay a duty of care to predict the situation where he gets involved in the operation of his own bus. The plaintiff was aware of the road status of the point of the accident in this case, while the plaintiff was aware of the situation where the vehicle coming from the opposite direction is operating the road in the opposite direction, he was aware of the situation where the vehicle coming from the opposite direction is operating the road in the ordinary center line. However, since the accident bus coming from the opposite direction was a witness in advance when he gets into the center line and was operating the vehicle in his own line, the court below did not err by misapprehending the legal principles on the driver's negligence in the accident of this case, or by misunderstanding the legal principles on the accident of this case without any negligence.

Articles 750, 763, and 396 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Han-sung, Attorneys Park Jae-soo and 1 other, Counsel for plaintiff-appellant)

[Defendant-Appellee] Jindo et al., Counsel for defendant-appellant-appellee

Tae Chang Transportation Corporation

Gwangju High Court Decision 89Na4542 delivered on January 19, 1990

The part of the judgment below against the plaintiffs shall be reversed, and this part of the case shall be remanded to the Gwangju High Court.

We examine the grounds of appeal.

On January 1, 198, Nonparty 1, a driver of an urban bus owned by the Defendant, driven the above bus at around 07:20, while driving it, and then driving it on the front side of the salt farm located in Seo-gu, Gwangju at the general sports center, and driving it on the opposite direction, the lower court acknowledged that the front side of the small-sized truck No. 2914, Plaintiff 1, who was on the left side of the above bus, was on the front side of the above bus and caused injury to the above Plaintiff 1, who was on the front left side of the bus at the time of the above stop, and was negligent in driving the above bus at a narrow speed of 8 meters wide, while driving the bus at the time of the above accident, and was negligent in driving the bus at the above time, and thus, Nonparty 1, a driver of the Defendant bus, who was on duty to take measures to reduce the speed of the accident to the right side of the bus at the time of the accident, and thus, did not follow it at the time of the accident.

However, since it is common to believe that the plaintiff king who operates an automobile with its own bus in the opposite direction from the bus and its opposite direction after viewing it from the moving direction of the bus of this case 130 degrees of left-hand turn at the speed of 8 meters in the central line, it would not have a duty of care to drive the vehicle by breaking the central line and driving the bus along its own bus. (See Supreme Court Decision 85Meu1258 delivered on Nov. 26, 1985; 85Meu562 delivered on Dec. 24, 1985) otherwise, since the plaintiff king operated the automobile with its own bus in the opposite direction at the bus of this case, it would have been erroneous in the misapprehension of the legal principle as to the driver's fault in the traffic accident of this case, it would have to be caused by the driver's fault in the middle of the bus of this case, and it would have been caused by the driver's fault in the traffic accident of this case.

Therefore, the part of the judgment below against the plaintiffs is reversed, and this part of the case is remanded to the Gwangju High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Yong-dong (Presiding Justice)