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(영문) 서울중앙지방법원 2020.09.11 2020가단5044660

손해배상(자)

Text

1. As to the Plaintiff A’s KRW 28,396,101, Plaintiff B, C, and D, respectively, and each of the said money, the Defendant paid to the Plaintiff KRW 28,668,734 on September 18, 2019.

Reasons

1. Occurrence of liability for damages;

A. 1) The F is the G Hyundai City bus (hereinafter “Defendant vehicle”) around 06:10 on September 18, 2019, around 06:10 on G Hyundai City bus (hereinafter “Defendant vehicle”).

(B) A crosswalk in front of an I high school located in H in Namyang-si, Namyang-si, Namyang-si, along the following accident site map, is a crosswalk in front of the course of the Defendant vehicle (hereinafter referred to as “instant crosswalk”).

) From the right side of the Defendant’s vehicle, K was shocked to the front part of the Defendant’s vehicle with the front part of the Defendant’s vehicle (hereinafter “instant accident”).

(E) On September 20, 2019, K died of the instant accident due to DJ 2) around 16:00 on September 20, 2019.

(3) The Plaintiff is the deceased’s spouse, and the rest of the Plaintiffs are the children of the deceased, and the Defendant is the mutual aid business operator who entered into a mutual aid agreement with the Defendant’s vehicle. 4) Meanwhile, the instant accident was an industrial accident disposal, and the Plaintiff was paid KRW 11,456,524 as the bereaved family’s benefits and funeral’s expenses from the Korea Workers’ Compensation and Welfare Service.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 5, 8, Eul’s 1 through 3 (including branch numbers; hereinafter the same shall apply)’s entries, images, and the purport of whole pleadings

B. According to the above recognition of liability, as the deceased died due to the operation of the Defendant’s vehicle, the Defendant, who is a mutual aid business entity, is liable to compensate the deceased and the plaintiffs for damages caused by the instant accident, barring special circumstances.

C. The limitation of liability: (a) comprehensively taking account of the overall purport of the arguments and arguments in the statements and videos set forth in Gap evidence Nos. 15, 16, and Eul evidence Nos. 1 and 5, the instant crosswalk is not the main crosswalk with signal lights, but the short crosswalk without signal lights, etc. to the traffic island; and (b) the crosswalk is below the crosswalk in the front direction immediately before the Defendant’s vehicle’s right ahead.