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(영문) 울산지방법원 2015.08.19 2014나4903
보험금 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination on the cause of the claim

A. The following facts do not conflict between the parties to a dispute, or can be acknowledged in full view of the entries in the evidence Nos. 1 through 3, evidence No. 14-8, 9, 10, 13, 18, 22, 23, 26, and Eul’s video products No. 2 and the purport of the entire pleadings.

(1) The Defendant is a mutual aid business operator who entered into a comprehensive motor vehicle mutual aid agreement with Taecheon Tourism Co., Ltd. (hereinafter “instant bus”).

(2) On October 26, 2013, at around 18:36:20 on October 26, 2013, E driving the instant bus, and driving the instant bus at the speed of two lanes, one of the two-lanes of the two-lanes, located in the defense rock of Ulsan-gu, Ulsan-gu, via the city bus stop at a speed of about 52 km at the speed of about the speed of 52 km away from the front side of the road at the speed of the city bus heading from the front side of the road at the speed of about the speed of 19:15 on the same day, and caused G to die due to the shock of the said bus at a speed of about 19:15 on the same day.

(hereinafter referred to as the "accident of this case"). (3) The plaintiff A is the wife of G, and the plaintiff B, C, and D are children of G.

B. According to the facts of the above recognition, the defendant, who entered into a comprehensive mutual-aid agreement with the Taecheon Tourism who is the operator of the bus of this case, has the obligation to pay the plaintiffs the lost income loss, funeral expenses, consolation money, etc. due to the accident of this case.

I would like to say.

2. The defendant's assertion and its determination on the accident of this case asserted that the accident of this case occurred only due to the unilateral negligence of G crossing the road adjacent to the crosswalk without permission in the state of red signal, and there is no negligence to E, and therefore there is no liability for damages to the defendant.

In full view of the descriptions of evidence No. 12, evidence No. 14-8, 9, 10, 18, 26, Eul evidence No. 1 and No. 2 and the purport of the entire pleadings in video, E at the time of the instant accident.

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