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(영문) 대구지방법원 2018.03.09 2017가단115443

손해배상(자)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 10, 2016, the network D (hereinafter referred to as “the network”) was faced with a side part of the city bus driven by E at the bus stops located in the center of Daegu Jung-gu, Daegu-gu, at the end of 405, and died on the same day at around 23:2 of the same day as the date, when the network was sent to an emergency room for the F Hospital.

(hereinafter “instant accident”). (b)

The plaintiffs are the successors of the deceased, and the defendant is the insurer who has concluded a mutual aid contract with the Samcheon bus owner, the owner of the above city bus.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including additional numbers), Eul evidence 1, the video of Eul evidence 1, the purport of whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiffs: (a) were waiting for the bus at the bus stop; (b) in order to get aboard the bus that occurs in a chair installed on the platform between the above bus and getting off and getting off and getting off passengers, the deceased did not discover the deceased who wanted to get off to the front door of the bus; (c) thereby, the deceased was deprived of the center and went back to the bus; and (d) the deceased started from the bus without finding out the bus, and was in turn out to the rear side of the bus with the rear wheels of the above bus; (d) the deceased was faced with a serious injury, such as the alleys of the two sides of the bus; and (e) the deceased died at around 23:22 per the date of the accident.

The bus platform is a place established for the purpose of getting passengers getting on or off the bus. The bus driver is not only the safe passengers boarding the bus but also the passengers waiting to get on or off the bus within the bus and the platform.