beta
(영문) 춘천지방법원 2016.10.11 2015가단53806

손해배상(자)

Text

1. The defendant is about KRW 500,000 for plaintiff A, KRW 100,00 for plaintiff B, and KRW 50,000 for plaintiff C and D respectively.

Reasons

1. Occurrence of liability for damages;

A. 1) E is a F bus around 19:10 on March 24, 2013 (hereinafter “instant bus”).

2) On the other hand, while driving the bus at the time of the driving of the driving of the vehicle, the area near the 104 km direction of the Yeongdeungpo-dong Highway was driven in the direction of the Gangseo-dong Highway in Incheon, and under the influence of alcohol, the area of the head of G, which is another passenger, who was seated in the bus route of the bus of this case, was over the 10 km part of the above plaintiff's head. (hereinafter "the accident of this case").

(2) The Plaintiff 2 was the wife of the Plaintiff, and the Plaintiff C and D were the children of the Plaintiff, and the Defendant was the mutual aid business entity that entered into a mutual aid agreement with respect to the instant bus.

[Ground for Recognition: Unsatisfy, Gap evidence 2, 7, 10 (including a branch number; hereinafter the same shall apply)

(i) the entry in Category B(1) and the purport of the entire pleading

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

C. The defendant asserts that the accident of this case was caused by the negligence of the above plaintiff, since the accident of this case was caused by the negligence of the above plaintiff while drinking alcohol on the bus passage of this case, which the plaintiff A was driving on an expressway.

Article 3 of the Guarantee of Automobile Accident Compensation Act provides that any person who operates an automobile for his/her own sake shall be liable to compensate for damage caused by the death or injury of another person by operation of the automobile concerned, while subparagraph 2 of the proviso provides that in cases of the death or injury of a passenger, liability shall not be granted only when the death or injury of the passenger was caused by his/her intentional act or suicide. In cases of the death or injury of the passenger, the operator of the automobile shall be the deceased or injured person.