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(영문) 서울남부지방법원 2018.04.26 2015가단237254

손해배상(자)

Text

1. The Defendant’s KRW 66,336,767 as well as the Plaintiff’s KRW 5% per annum from December 1, 2014 to April 26, 2018.

Reasons

1. Occurrence of liability for damages;

A. On December 1, 2014, the Plaintiff was on board the 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 stude and salute, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 13, 14, 17, 22 (including paper numbers; hereinafter no separate number is attached to the evidence indication), Eul evidence Nos. 6, results of each physical appraisal entrustment, results of each fact inquiry, the purport of the whole pleadings.

B. According to the fact of recognition of liability, 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 the operator of a village bus.

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 in this case, and thus, the defendant is not liable to the defendant.

However, the defendant's arguments cannot be accepted in light of the following facts and circumstances, which can be seen by comprehensively taking into account the above evidence, evidence Nos. 4 and 5 as well as the results of the request for the assessment of traffic accidents against D.

① According to the images of the village bus inside the time of the accident, it seems that a man who sits down at the end of the village bus after getting over one of the speed limit of overwork, seems to be protruding.

The plaintiff seems to have been shocked as well.

② The date when the instant accident occurred.