손해배상(자)
1. The Defendant: (a) KRW 124,906,502 to Plaintiff A; (b) KRW 123,106,502 to Plaintiff B; and (c) from January 11, 2016 to November 2016 to Plaintiff B.
1. Occurrence of liability for damages;
A. The facts of recognition 1) C are D buses around 15:00 on January 11, 2016 (hereinafter “Defendant Vehicles”).
) By negligence, while driving the exclusive bus lanes in front of the Seoyang-gu E in the Goyang-gu in the Goyangyang-gu and driving it, while neglecting the duty of Jeonyang-si to the port from the right side of the proceeding direction while driving the exclusive bus lanes in front of the Solarg-gu in the U.S.
2) The deceased caused the death of the deceased due to the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary exe, etc. (hereinafter “instant accident”).
(2) The Plaintiffs are the parents of the Deceased, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle.
[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 and 3 evidence (including each number), and the purport of the whole pleadings
B. The Defendant asserts the exemption from liability by force majeure, on the ground that it is difficult for the Deceased to anticipate the without permission, and that it could not avoid the collision with the Deceased in light of the speed of operation, etc., depending on the speed of operation.
However, the evidence presented by the Defendant alone is insufficient to admit the Defendant’s assertion, and there is no other evidence to acknowledge the instant accident as an accident due to force majeure.
Rather, according to the above evidence, as a bus engineer C, who frequently operates the above location between the bus stops and the crosswalks, the accident site in this case could have anticipated to a certain degree of pedestrian crossings without permission. At the time, if the deceased was found to have been properly withdrawn measures such as reducing speed or preparing for shocks, it would have been likely that the deceased would not have avoided the accident in this case or at least would have not reached the death.
C The summary order of KRW 7,00,000 was finalized in the criminal cases related to the instant accident (Seoul District Court High Court Decision 2016 High Court Decision 2374).
Therefore, the defendant.