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(영문) 서울서부지방법원 2015.01.15 2014나2925
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff, as the mother of the network K, is the sole heir, and the Defendant is the mutual aid business operator who entered into a mutual aid agreement with the employees of Samsung SPia Co., Ltd. (hereinafter referred to as Samsung SPia) on the instant bus for commuting to and from work (hereinafter referred to as the “instant bus”).

B. Around 06:45 on November 29, 2012, F driven the instant bus, and driven two lanes in front of the H restaurant located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan City along two laness from the west to the west-gu, Seoan-gu, in the direction of the instant bus, and caused an accident that conflicts with the latter part of the passenger vehicle's left side of the instant bus due to negligence while neglecting the duty of care to keep the front side and the left side of the bus in good faith while driving the bus at a speed of about 72km from the west-gu to the west-gu, Seoan-gu.

(hereinafter referred to as the “instant accident”). C.

The deceased K (hereinafter referred to as the “the Deceased”) was on board the fourth to fifth place before the right side of the bus of this case, but died of a serious wound due to the instant accident, such as the cutting of the upper right frame and the cutting of the sloping.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 17 to 19, Gap evidence 20-1 to 5, Eul evidence 2 to 4, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of liability, it is reasonable to deem that the accident of this case occurred due to an error in violation of the duty of front-down of F who driven the bus of this case, and therefore, the defendant, who is a mutual aid business operator for the bus of this case, is liable to compensate for damage caused by the accident of this case to the deceased K and the

B. On the other hand, the instant accident occurred by F’s negligence, and the Deceased suffered bodily injury, such as the pelke and pelke and the right pelke, but the instant accident occurred.

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