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(영문) 서울서부지방법원 2019.05.16 2018가단212101

손해배상(자)

Text

1. The Defendants jointly share KRW 65,363,460 to Plaintiff A, and KRW 44,175,640 to Plaintiff B, and each of them on March 27, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E are Defendant C Co., Ltd. (hereinafter “Defendant C”) around November 30, 2017, around 22:50.

(i) owned F-Wide-Area buses (hereinafter referred to as “Defendant Vehicles”);

) A driver of Eunpyeong-gu Seoul Metropolitan Government (H bank's front road in Eunpyeong-gu) is found to be late to cross the road from the right side of the progress direction to the left side of the Defendant vehicle in the front part of the vehicle (hereinafter referred to as "the instant accident") while driving the vehicle and driving the vehicle at a speed of about 57 km (hereinafter referred to as the bus exclusive lane) at a speed of about 57 km in length, in the non-wide shooting range.

(2) On December 1, 2017, I (hereinafter “the deceased”) died of the instant accident from K Hospital located in Jung-gu Seoul, Jung-gu, Seoul to the heart shock, etc.

3) The Plaintiff A’s spouse and the Plaintiff B are the deceased’s children, and the Defendant C is the operator of the Defendant vehicle, the Defendant D Association (hereinafter “Defendant Association”).

(A) is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant vehicle (based on recognition). [This ground] fact that there is no dispute, Gap evidence 1 to 4 (if available, including a serial number; hereinafter the same shall apply).

each entry, video, and the purport of the whole oral proceedings

B. According to the facts as seen earlier prior to recognition of liability, as the deceased died due to the operation of the Defendant vehicle, Defendant C is an operator of the Defendant vehicle, barring special circumstances, and the Defendant Association is jointly and severally liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident.

C. As to the determination of the exemption claim and the limitation of liability, the Defendants asserted that the Defendant’s driver should be exempted from liability, in light of the following: (a) in the safety zone between the two-lanes, the Deceased was crossed away from his own car without permission; and (b) at the time of the accident, it is impossible for the Defendant’s driver to expect or prevent the occurrence of the accident.