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(영문) 서울중앙지방법원 2018.11.23 2016가단129231
손해배상(자)
Text

1. The Defendant’s KRW 14,376,931 as well as the Plaintiff’s annual rate from August 9, 2016 to November 23, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition E 1) B are as follows: (a) C bus around 10:30 on August 9, 2016 (hereinafter “Defendant bus”).

ii)F vehicles driven by her own and stopped on the right side of the said road while bypassing from 5 e-lanes to e-lanes along four lanes in front of the E-lanes in Seoul Jung-gu, Seoul, along the four-lanes. (hereinafter referred to as “Plaintiff vehicles”);

2) On the left side of the Plaintiff’s vehicle and the Plaintiff’s left side of the Plaintiff’s vehicle coming to the rear side of the Plaintiff’s vehicle (hereinafter “instant accident”) were shocked toward the right side of the Defendant bus (hereinafter “instant accident”).

2) The Plaintiff suffered injury to the right-side executives due to the instant accident.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant bus. 【Ground of recognition】 The fact that there is no dispute, Gap’s Nos. 1, 2, and 10, Eul’s No. 4 (including all family cards with a serial number), and the purport of the entire pleadings.

B. According to the facts of recognition of liability, the Plaintiff was injured due to the operation of the Defendant bus, and the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as the mutual aid business operator of the Defendant bus, barring any special circumstance.

C. The limitation of liability, however, the point where the instant accident occurred is an intersection that is prohibited from stopping, and at the time when the instant vehicle gets out of the Plaintiff’s vehicle and walks behind the vehicle, the Defendant bus already started a right-way. Therefore, inasmuch as the Plaintiff’s fault was caused by neglecting his duty to pay attention to the crossing of the Defendant bus and walking, it should be considered in calculating the amount of damages that the Defendant would compensate for such error. However, the Plaintiff’s negligence should be considered in light of the circumstances where the driver of the Defendant bus attempted to make a right-way right-hand turn over to the point of the Defendant bus to the extent that it is unreasonable to cause the Plaintiff’s vehicle to shock.

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