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(영문) 수원지방법원 2015.09.18 2014가단36340

손해배상(자)

Text

1. The defendant shall pay to the plaintiff A KRW 65,847,469, and KRW 4,000,000 for the plaintiff B, and KRW 1,00,000 for the plaintiff C, D, and E, respectively.

Reasons

1. Occurrence of liability for damages;

A. (i) On April 28, 2013, F driven G buses (hereinafter “instant buses”) around 18:45, on April 28, 2013, F had access to the bus stops in front of the water station located in 19, Suwon-ro 1, Suwon-ro 19.

Sheshe had a duty of care to safely drive the bus and prevent the accident in advance, because the bus stops in front of the water source where there are many migratory populations, and thus, the bus drivers had a duty of care to safely drive the bus in front of the water source.

• Nevertheless, due to negligence in the course of performing the duty of care of the above Sheet, F went to the above bus stops, and went to the road on the right side of the bus of this case while leaving the bus of this case, and followed the right side of the plaintiff A who was going to the right side of the bus of this case and went to the right side of the right side of the bus of this case.

(hereinafter referred to as “the instant accident”). The instant accident refers to the Plaintiff, due to the occurrence of the instant accident, who suffered injury, such as pressure damage, etc. which caused the Plaintiff’s divers and cut off the right to the right.

(v) Plaintiff B is the husband of Plaintiff A, and Plaintiff C, D, and E are the children of Plaintiff A, and the Defendant is the insurer who entered into a mutual aid agreement with respect to the instant bus.

[Ground for Recognition: Facts without dispute, Gap evidence 1-9, 12, 13, Eul evidence 1 and 3 (including branch numbers, if any; hereinafter the same shall apply)

(2) each entry and video, and the purport of the entire pleadings]

B. According to the above facts of recognition, the defendant is an insurer who has entered into a mutual aid agreement with the bus of this case, and is liable for the damages suffered by the plaintiffs due to the accident of this case.

C. The limitation of liability: (a) comprehensively taking account of the circumstances surrounding the instant accident, etc. as seen earlier, the fact that the Plaintiff A got off and walked on the road and caused the instant accident; and (b) such circumstance appears to have influenced the occurrence and expansion of damage caused by the instant accident; and (c) thus, the Defendant, taking into account the foregoing negligence of the Plaintiff A.