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(영문) 서울고등법원 2017.07.06 2017나2012064 (1)

공제금

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs A and the plaintiffs prior to the acceptance of the lawsuit is modified as follows.

Reasons

Facts of recognition

A Party Status D (hereinafter referred to as “the deceased”) is a person who died in F Buses operated by E (hereinafter referred to as “instant bus”), and A is his spouse, and Plaintiff B and C are their children as follows.

The successor intervenor was a corporation established under the National Pension Act to conduct the business of determining and paying pension benefits for the old age and death of the people, and paid a survivor pension following the death of the deceased to A.

The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the high-sea transportation company which is the owner of the bus of this case for the purpose of transferring damage caused by the liability for damage under the Guarantee of Automobile Accident Compensation Act.

교통사고의 발생 망인은 2015. 5. 30. 14:40경 고양시 일산서구 중앙로 1525 소재 일산백병원 부근 버스정류장과 잇닿아 설치된 보행섬에 서 있다가 보행자 신호가 적색이었음에도 무단으로 횡단보도를 건넜고, 그 시각 E은 버스전용차로에서 시속 약 32km로 이 사건 버스를 운행하던 중 전방 및 좌우 주시의무를 게을리 한 나머지, 버스 우측 앞 범퍼 부분으로 망인을 충격하여 바닥에 쓰러지게 하였으며, 그 결과 망인은 같은 날 14:49경 사고 현장에서 다발성 외상에 의한 출혈성 쇼크로 사망하였다

(1) In relation to the occurrence of the instant accident, E was prosecuted for the instant accident by 2015Kadan1749. On October 20, 2016, E was convicted of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and was sentenced to a fine of KRW 6,00,000. The said judgment became final and conclusive around that time.

From June 2016 to May 2017, an intervenor to succeed to the payment of a survivor pension paid KRW 5,827,360 to A in total as a result of the death of the deceased. From December 2016 to May 2017, the Intervenor paid KRW 5,827,360, which was after the closing of argument in the first instance trial.