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(영문) 서울서부지방법원 2018.02.13 2017가단219280
손해배상(자)
Text

1. On November 17, 2015, the Defendant: (a) against Plaintiff A, KRW 30,468,703, KRW 11,975,552 for each of the said KRW and each of the said KRW to Plaintiff B and C.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D drives a bus vehicle around 17:50 on November 17, 2015 and operates one lane from three-lanes in front of the oil shooting distance in the city of Sungnam-si. D is a network F (hereinafter referred to as “the network”) with the right side of the above vehicle while driving the bus at around 17:50 on the left side of the above vehicle while driving the bus, driving a three-lanes in front of the oil shooting distance in the city of Sungnam-si.

) The Deceased died on December 13, 2016 (hereinafter “instant accident”) while the Deceased was under medical treatment due to an injury, such as climatic depression, etc., due to the cerebral injury.

2) Plaintiff A is the deceased’s spouse, Plaintiff B, and C, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to the instant accident bus.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 9 through 12, Eul 1 evidence (including provisional numbers, hereinafter the same shall apply) and images, and the purport of the whole pleadings

B. According to the fact that the above recognition of liability is recognized, the driver of the instant bus involved in the instant accident moving ahead of the crosswalk and moving right at the front of the crosswalk, who is the driver of the instant vehicle driving the crosswalk, shall reduce the speed and take the front right right right, and shall safely drive the crosswalk while checking whether there is a pedestrian who has a duty of care to safely drive the crosswalk, in violation of this duty of care, and shall turn

The error caused the instant accident, which shocks the Deceased, at the crosswalk.

Therefore, the defendant is liable for the damage suffered by the deceased and the plaintiffs as a mutual aid business operator of the accident bus of this case.

C. Limit of liability, however, under the following circumstances acknowledged by the evidence as above, in other words, where green lights are on-and-off, pedestrians should not start crossing, and pedestrians crossing the road should promptly complete crossing or stop crossing the road and return it to the sidewalk, but at the time of the accident in this case, there is negligence that the deceased started crossing while green signal on the crosswalk is on-and-off.

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