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(영문) 서울중앙지방법원 2015.11.11 2015가단5140762
손해배상(자)
Text

1. The Defendants jointly share KRW 8,857,142 to Plaintiff A, respectively, and each of them is KRW 5,904,584 to Plaintiff B and C.

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) Defendant D, a driver of Defendant Il-il Passenger Transport Service Co., Ltd., is the E bus owned by Defendant Il-il Passenger Transport Service Co., Ltd. (hereinafter “Defendant vehicle”) around July 10:16, 2013.

) He driving a vehicle and driving a three-lane in front of the “G” located in Dongdaemun-gu Seoul Metropolitan Government F, along the one-lane of the road from the surface of the entire farming distance to the surface of the direction of the road, and crossing the road from the right side of the course to the left side of the road (hereinafter referred to as “the network”).

(A) Around July 8, 2013, the deceased, who received the front right part of the Defendant’s vehicle, caused the death of the deceased due to the cardiopulmonary suspension by cerebral Sponion (hereinafter “instant accident”).

2) The Plaintiff is the husband of the deceased, and the Plaintiff B and C are the deceased’s children, and the Defendant National Bus Transport Business Association concluded a mutual aid agreement with the Defendant’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

B. According to the above findings of recognition of liability, Defendant D is the driver of the Defendant vehicle, and Defendant D is the operator of the Defendant vehicle as the operator of the Defendant vehicle, and Defendant Korea Bus Transport Business Association is the mutual aid business operator of the Defendant vehicle, and unless there are special circumstances, Defendant D is jointly liable to compensate the deceased and the Plaintiffs for the damages incurred by the accident in this case.

C. The Defendants asserts that the instant accident was caused by the total negligence of the deceased, who was immediately missing in the middle of the cargo vehicle parked in the two-lanes, and who was unclaimed without permission, and thus, is not liable.

According to the above evidence, the defendant's vehicle driving by the defendant D was driving at a speed of less than 20 km per hour depending on one lane among three lanes, and the crosswalk exists at a place less than 25 meters away from the location where the accident of this case occurred, and the direction of the defendant's vehicle driving.

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