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(영문) 서울남부지방법원 2018.12.21 2018나57962

손해배상(자)

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 63,249,229 as well as to the plaintiff on December 2014.

Reasons

1. Occurrence of liability for damages;

A. At around 07:20 on December 1, 2014, the Plaintiff was on board a village bus (C) operated by the Defendant and was seated down to the right edge of the village bus.

The village bus is going beyond the speed prevention thresholds installed on the road while driving along the route of the Gangseo-gu Seoul Metropolitan Government Seogro-ro road from the side of the wood-dong street to the erostic telephone station, and the body of the plaintiff became protruding from the seat due to the shock that occurred on the rear side of the bus.

As a result, the Plaintiff suffered bodily injury, such as pressure pressure pressure studios and salute, etc.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence 1-2, Gap evidence 2-1-5, Gap evidence 13-5, Gap evidence 17, Eul evidence 6-1, Eul evidence 6-2, Eul evidence 6-2, Eul evidence 1-2, the result of physical examination of the E hospital heads of the first instance court and the Seoul National University Hospital Chief, and the result of fact-finding, the purport of the whole pleadings as a whole.

B. According to the above facts of recognition, the defendant is liable for damages sustained by the plaintiff due to the instant accident pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act as a village bus operator.

The defendant asserts to the effect that the village bus runs at a speed of less than 30km, and the shock therefrom does not cause any pressure to the plaintiff, so the plaintiff's injury is not caused by the operation of the village bus of this case, and thus, the defendant is not liable to the defendant.

(A) In light of the following facts and circumstances, the Defendant’s assertion cannot be accepted, taking into account the following facts and circumstances revealed by comprehensively taking account of each of the aforementioned evidence, Eul’s evidence Nos. 4 and 5, as well as the result of the commission of traffic accident assessment of D.

① According to the images of the village bus inside the time of the accident (as referred to in subparagraphs 6-1 and 6-2), the village bus operation is left behind at the end of one of the speed limit.