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(영문) 서울동부지방법원 2015.03.13 2014나23050
손해배상(자)
Text

1. Of the judgment of the court of first instance, KRW 9,156,886 against each of the Defendants against each of the Defendants, and its related amount from October 17, 2012 to March 2015.

Reasons

1. Occurrence of liability for damages;

A. (1) At around 11:00 on October 17, 2012, the Plaintiff was on board a bus No. 202 (hereinafter “accidentd vehicle”) owned by Defendant Thai Traffic Co., Ltd. (hereinafter “Defendant Thai Traffic”) at the bus stop near Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and paid a bus fee, and moved to an empty place, and became out of the floor while getting out of the floor.

(hereinafter “instant accident”). An accident vehicle starts immediately after the Plaintiff paid the bus fee and was in operation at the time of the instant accident.

(2) The Plaintiff, owing to the instant accident, received hospitalized treatment at the Macheon National University Hospital from the date of the instant accident to October 24, 2012, due to the instant accident.

(3) The Defendant Federation of the Korea Bus Transport Business Association (hereinafter “Defendant Federation”) is a mutual aid business entity that has concluded a mutual aid agreement with Defendant Thai Transport for an accident vehicle.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 6 evidence, purport of the whole pleadings

B. According to the above facts of recognition of the liability, Defendant Thai Traffic is the operator of the accident vehicle, and the Defendant Federation is liable to compensate for the Plaintiff’s damage caused by the operation of the accident vehicle as a mutual aid business operator.

C. The Defendants asserts that the instant accident occurred solely due to the Plaintiff’s negligence, and that the Defendants are not liable for damages since the Plaintiff’s negligence on the part of the driver of the vehicle involved in the accident, even though the Plaintiff started the accident immediately after the Plaintiff paid the bus fee, the Plaintiff was able to move to an empty space without holding the car by hand, and the other hand was moved to an empty space.

A person who operates an automobile for himself/herself under the main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act, shall cause another person to die due to the operation of the automobile.

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