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(영문) 창원지방법원 2016.03.04 2015가단77567
손해배상(자)
Text

1. The Defendants jointly share KRW 48,66,720 to Plaintiff A, and KRW 26,611,147 for each of them to Plaintiff B and C, and each of them.

Reasons

1. Occurrence of liability for damages;

A. At around 16:40 on January 30, 2015, D, an employee of the Defendant Jinhae Passenger Transport Service Corporation, driven a large-scale E&V car owned by the said company (hereinafter “Defendant bus”), traveling forward the front road of G companies located in the Sung-si F in Changwon-si, Changwon-si toward the 3rd-distance distance from the boundary of the new village square, while waiting to turn to the left at the opposite lane due to negligence near the central line, D stopped the front portion of the H driver’s 1 ton cargo vehicle (hereinafter “Plaintiff’s vehicle”) waiting to turn to the left on the opposite lane, and stopped the front portion of the Defendant bus after driving about 20 meters.

(hereinafter referred to as “instant accident”). The instant accident was killed due to a serious scarcity damage.

(hereinafter referred to as “the deceased”). The Plaintiff’s wife, Plaintiff B, and C are children of the deceased.

The defendant Jinhae Passenger Transport Corporation is the owner of the defendant bus, who is the operator, and the association of the defendant bus transport business is the mutual aid business operator of the defendant bus.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 4 written evidence Nos. 1 to 1 (including numbers; hereinafter the same shall apply), fact inquiry reply to the chief of the original fire station of this court, and the purport of the whole pleadings

B. According to the above facts of recognition, the Defendants jointly are liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident.

C. As to the Defendants’ assertion on the limitation of liability, the Defendants asserted that, at the time of the instant accident, the deceased did not wear a safety bell, thereby contributing to the expansion of damage, the Defendants’ liability should be limited.

In the event of the instant accident, it is difficult to clearly determine whether the deceased wear the safety bell at the time of the instant accident, and it is also difficult to determine whether the deceased wears the safety bell (the investigation record is not indicated, and it was not confirmed through the inquiry inquiry reply to the chief of the Changwon fire station).

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