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(영문) 서울중앙지방법원 2015.09.03 2013가단233924
손해배상(자)
Text

1. The Defendant’s KRW 21,334,477 as well as the Plaintiff’s annual rate from September 16, 2012 to September 3, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition B, around 16:28 on September 16, 2012, driven the C urban bus, which is owned by high-speed members of the Co., Ltd., and proceeded into the front of the bus stop in order to stop the bus by entering the bus stop in accordance with four-lanes of the four-lane road in the Seo-dong, Seo-dong, Seo-dong, Seo-gu, Seonam-si, Seonam-si, Seonam-si, and the four-lanes of the four-lane road in front of the bus stop, while the Plaintiff was trying to board the bus and coming into the direction of driving the bus on the right side of the bus, as between the point where the balance of body is lost (hereinafter “the instant accident”). Accordingly, the Plaintiff suffered injury, such as a throkeing the right edge of the bus (hereinafter “the instant accident”).

The defendant is an insurer who has concluded an automobile insurance contract for the bus.

[Evidence] Evidence Nos. 1, 3, 4, 14, Eul Nos. 4 and the purpose of the whole pleadings

B. According to the facts found as above, since the Plaintiff was injured by the instant accident while driving a bus B, the Defendant is liable to compensate the Plaintiff for the damages incurred by the instant accident.

The Defendant asserts that the instant accident occurred due to the Plaintiff’s total negligence, and therefore, the Defendant is not liable for compensating for the damages caused by the instant accident. However, while B had already been aware that there was a person who was leaving the bus to another bus in front of the bus stops by driving the bus at a bus stops and driving the bus forward, and thus, B has the obligation to safely drive the bus with the transit route and movement of that person (as stated in evidence 14-17 of the A), even though there was a duty to carefully drive the bus while taking into account the transit route and movement of that person, it is difficult to accept the Defendant’s above assertion because he neglected to do so and caused the instant accident due to the negligence

C. At the time of the instant accident, at the time of the instant accident, the Plaintiff also went down to the vehicular road on which the bus is traveling, and will be marble next to the bus.

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