beta
(영문) 서울서부지방법원 2016.01.28 2014가단238488

손해배상(자)

Text

1. On June 8, 2013, around 22:20, the vehicle B stops in the process of sudden stop of the vehicle from 416, Jung-gu, Seoul.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) C, at around 22:20 on June 8, 2013, operated D urban buses, and started after signal signaling the front of the 416 South Seodaemun-gu Seoul Central Police Station, Jung-gu, Seoul. Although there was an occupational duty to safely drive the vehicle, it was negligent in neglecting the duty of care, thereby making it possible to change the vehicle line to enter the vehicle line of the said urban bus and report it to the left side of the said bus, and caused the Defendant’s injury, such as the left-hand shouldered salt, etc., on the ground that it exceeded the Defendant who was in front of the door, for the mathing.

(2) The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to the bus.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 4, the purport of the whole pleadings]

B. According to the facts of recognition of liability, the Plaintiff is liable to compensate the Defendant for the damages incurred by the Defendant due to the instant accident as a mutual aid business operator.

C. The Plaintiff asserts that there was negligence by neglecting his/her duty of care to prevent the occurrence or expansion of damage due to the loss of the Defendant or the knife of support, etc., but in light of the circumstances such as the occurrence of the instant accident and the background leading up to the occurrence of the accident, and the fact that C had concealed a taxi that caused the accident after the accident (Evidence A No. 1), the instant accident appears to have been very imminent, and the evidence submitted by the Plaintiff alone cannot be deemed to have been negligent, such as the Defendant’s failure to take the loss at the time of the accident. Thus, the Plaintiff’s above assertion is rejected.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The amount of damages at the time of the accident.