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(영문) 서울동부지방법원 2017.11.10 2015가단14540
손해배상(자)
Text

1. The Defendant’s KRW 1,500,000 as well as 5% per annum from December 22, 2013 to November 10, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Around 16:10 on December 2, 2013, the driver of the bus B (hereinafter referred to as “Defendant bus”) discovered that, while the driver was driving in the direction of the bus stop in the direction of the fenced distance along the four-lanes in front of D and D in the direction of the road at the entrance of the C-ri-si, the driver of the bus B (hereinafter referred to as “Defendant bus”) turned out the bus driving in the same direction from three-lanes to the bus behind the Defendant bus, the driver turned out the bus in the direction of the same direction. Accordingly, there was an accident that some passengers, including the Plaintiff, who were aboard the Defendant bus, are going beyond the four-lanes of the front bus of the Defendant bus (hereinafter referred to as “instant accident”). The instant accident occurred, the Plaintiff suffered from the injury of the Defendant, such as the troke, stroke, stroke, stroke, stroke, stroke, stroke, scoke, scoke, stroke, etc.

3) The Defendant is a mutual aid contract which entered into a mutual aid agreement for Defendant bus. According to the fact of recognition of liability, the Defendant is responsible for compensating the Plaintiff for the damages incurred by the Plaintiff due to the instant accident as a mutual aid contract for Defendant bus. C. The Defendant asserted that at the time of the instant accident, the Defendant should limit the Defendant’s liability by taking account of the fact that at the time of the instant accident, the Plaintiff did not keep the safety loss of Defendant bus or did not keep it solid. However, the evidence submitted by the Defendant alone is insufficient to acknowledge the fact that the Plaintiff did not keep the safety loss at the time of the instant accident or did not keep it solid, and there is no other evidence to acknowledge it. Thus, the Defendant’s above assertion is not acceptable. [Grounds for recognition] There is no dispute, and there is no other evidence to acknowledge it.

2. Scope of liability for damages

A. As to the assertion of lost income, the Plaintiff was over 60 years old at the time of the accident.

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