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(영문) 서울중앙지방법원 2019.12.06 2016가단5104602
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 13,658,178, Plaintiff B, C, and D, respectively, and each of the said money on October 6, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) F is the H urban bus owned by G Co., Ltd. (hereinafter “Defendant”) around 09:00 on October 6, 2015.

)를 타고 가던 중 서울 구로구 경인로 193에 있는 오류역 버스정류장에서 하차하기 위하여 피고차량이 완전히 정차하기 전에 의자에서 일어나 뒷문 앞쪽에 서 있다가 피고차량이 위 정류장에 정차할 무렵 앞으로 넘어져 운전석 쪽으로 튕겨져 나가 운전석에 부딪히게 되었다(이하 ‘이 사건 사고’라고 한다

(2) As a result of the instant accident, F was killed in the heart care hospital due to the injury, such as thalone of the maths from October 6, 2015 to December 24, 2015; from December 24, 2015 to January 28, 2016; and from January 28, 2016 to February 5, 2016, at the K Hospital, after receiving hospitalized treatment from each of the K Hospital during the period from January 28, 2016 to February 5, 2016.

(hereinafter referred to as “F”. 3) Plaintiff A is the deceased’s spouse. The rest of the Plaintiffs are the deceased’s children, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle. 【The ground for recognition” is the fact that there is no dispute, Gap’s evidence 1 through 4, 10 through 12, 16, 17, and Eul’s evidence 1 (including the number of pages; hereinafter the same shall apply).

each entry or video, the whole purport of the pleading;

B. According to the above recognition of liability, since the deceased, who is the passenger of the Defendant’s vehicle, died due to the operation of the Defendant’s vehicle, the Defendant, who is a mutual aid project operator, is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident, unless the deceased died or was injured by

C. Limit of liability, however, the deceased, who is a passenger aboard the Defendant’s vehicle, should have fulfilled his/her duty of care, such as putting him/her in front of the entrance in preparation for sudden stopping, etc., before the Defendant’s vehicle completely stops.

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