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(영문) 서울중앙지방법원 2018.12.07 2018가단5060515
손해배상(자)
Text

1. The Defendant’s KRW 18,280,081 per annum against each of the Plaintiffs and 5% per annum from January 1, 2018 to December 7, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D is as follows: (a) a bus at the three-lanes of three-lanes of the bus stops in front of the bus stops in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul (hereinafter “Defendant vehicle”) around January 19:17, 2018, for the following reasons:

2) However, while E stops the vehicle while driving the vehicle without neglecting the duty of front and rear space time and the duty of accurate operation of the brakes, it served as the rear wheels of the vehicle while driving the vehicle, while driving the vehicle without neglecting the duty of front and rear space time and the duty of accurate operation of the brakes.

(hereinafter “instant accident”). 3) E was killed immediately after the instant accident (hereinafter “the deceased”).

4) The Plaintiffs are the deceased’s children, and the Defendant is the mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to the Defendant’s vehicle.

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiffs who are the deceased and their successors due to the accident of this case as a mutual aid business operator of defendant vehicle.

The defendant asserts that the defendant should be exempted from liability because D had not been negligent by driving the defendant's vehicle after getting D to get off passengers normally.

However, in the bus stops, there are cases where a person who intends to use a bus gets out of or late down a bus, so a bus operator is required to drive the bus in particular when driving in the vicinity of the bus stops, by living well the movement of people, and drive the bus at the close of the door without checking the movement of the deceased who is going beyond the right side of the instant accident without neglecting this duty.

Therefore, the defendant's above assertion is without merit.

(c) limitation of liability, provided that the deceased does not extinguish while paying attention to the progress of the Defendant vehicle starting from the bus stops after getting passengers aboard the bus stops.

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