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(영문) 부산지방법원 2018.05.08 2016가단310172
손해배상(자)
Text

1. The Defendant: (a) KRW 16,303,345; (b) KRW 1,000,000 to Plaintiff A; and (c) each of them, from January 12, 2016 to May 1, 2018.

Reasons

1. Basic facts

A. On January 12, 2016, around 19:37, Plaintiff A boarded in C’s city bus owned by the Defendant (hereinafter “Defendant bus”) and stopped at a stop near the 156-1st place of stop in Busan Seo-gu in order to have a part of its passengers get out of the open space, and the Plaintiff A, who moved to the right after the end of the bus, was able to get out of the bottom of Busan Seo-gu in order to get out of the open space. On January 12, 2016, there was an accident that Plaintiff A, who was moving to the right after the end of the bus.

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

In the instant accident, Plaintiff A suffered losses, such as cutting down the details of the upper upper part of the upper part of the right upper part.

C. Plaintiff B is Plaintiff A’s children.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Comprehensively taking account of the facts acknowledged as above and the images of Eul evidence No. 1, the driver of the defendant bus, despite the duty of care to safely drive the bus by accelerating or decreasing passengers from the departure or stopping of the bus at the time of the bus stop, it can be recognized that the accident of this case occurred that the plaintiff who moved to the bottom of the bus after leaving the bus stops at the bus stops and went to the bus stops on the bus stops, and the passengers inside the bus start safely before leaving the bus stops and moves to the empty seat located behind the bus. Thus, the defendant is liable for the damages suffered by the plaintiffs due to the accident of this case.

The defendant asserts that even though the defendant bus started on a full scale and almost all of the buses were not shaken, the plaintiff A was rapidly driven to sit in an empty seat on his own. Thus, the plaintiff A cannot be viewed as an accident caused by the operation of the defendant bus. However, the defendant bus starts at the time of departure.

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