손해배상(자)
1. The Defendant: (a) KRW 202,428,589 for the Plaintiff and KRW 5% per annum from April 6, 2016 to November 29, 2018; and (b) the Plaintiff.
1. Occurrence of liability for damages;
A. 1) Recognition 1) C is a village bus D around April 6, 2016 (hereinafter “Defendant vehicle”) around 10:40.
) The Plaintiff, a bus passenger on the Defendant’s vehicle, was in transit beyond the bus passage while driving a two-lane between the three-lanes in Seongbuk-gu Seoul E Island and driving about about 35 to 40 km each hour, finds a taxi that stops in the same lane on the front side of the same lane, and rapid stop. (hereinafter “instant accident”).
2) As a result of the instant accident, the Plaintiff suffered injury, such as scambling and damage to water, etc.
3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle. 【Ground for recognition’s absence of dispute, Gap’s evidence 1, 2, and 7 (including paper numbers; hereinafter the same shall apply)
each entry, the video of the evidence No. 1, and the purport of the whole pleading
B. According to the above facts, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as a mutual aid business operator of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff was injured by the operation of the Defendant’s vehicle.
C. However, according to the evidence of the front line, it is recognized that the plaintiff who was seated in the defendant's vehicle had a pole near the bus that occurred in advance in order to get off the vehicle, and that the defendant's liability is limited to 90% of the defendant's liability by taking account of the plaintiff's negligence as 10%, since the plaintiff, a bus passenger, also has a seat in the bus in front, for safety purposes, after the bus's arrival at the bus stop, and the bus's seat should occur in the seat after the bus's arrival, and even if he has a duty of care to maintain balance of the body by putting knife or support knifely and maintaining the balance of the body when knifeed at the seat in advance, and such negligence of the plaintiff was caused by the occurrence of the accident in this case and the expansion of damage.
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