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(영문) 서울동부지방법원 2015.01.16 2013가단109611
손해배상(자)
Text

1. The Plaintiff’s liability for mutual aid money against the Defendant according to an accident listed in the attached Form shall be KRW 4,926,410 and the amount shall be Oct. 1, 2012.

Reasons

The Plaintiff, as a mutual aid business entity, concluded a motor vehicle mutual aid agreement on B-city bus (hereinafter “instant bus”) between Honam High-speed Co., Ltd. as a mutual aid business entity, and agreed to compensate for damages caused by the instant bus operation.

Attached Form

As indicated in the record, at around 22:00 on October 1, 2012, C driven the bus of this case and stopped the bus of this case in front of the movable and movable apartment at front of the bus of this case, and at the front section of the front section of the bus of this case in accordance with the stop signal while the signal was changed, and it started the bus of this case. At that time, C, as a bus driver, was obliged to take into account the movement of the front section of the bus of this case, and operated the steering and steering gear accurately, as well as operating the steering and steering gear. However, due to the negligence of this duty of care, C, as a passenger of the bus of this case, who moved to the front section of the bus of this case, had the Defendant go beyond the floor of the bus of this case, thereby causing an accident of causing the injury to the Defendant, such as salute, saluteing, and saluteing and salking (hereinafter referred to as the “accident”).

[Grounds for recognition] Unsatisfy, Gap 1, Eul 8, and the purport of the whole pleadings.

Judgment

According to the above facts of recognition, the Plaintiff is obligated to compensate the Defendant for all damages arising from the instant accident in accordance with the mutual aid agreement.

Since the Defendant was on board the bus of this case, the Defendant neglected to ensure one’s own safety by properly cutting down, rapidly moving, etc. in preparation for the departure of the bus, which led to the Defendant’s negligence. Since such error was caused by the occurrence and expansion of damages caused by the instant accident, it should be taken into account in determining the Plaintiff’s amount of damages.

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