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(영문) 창원지방법원 2017.09.06 2017나51430
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) The network D (hereinafter “the network”).

(2) On December 29, 2015, around 17:40 on December 29, 2015, the deceased was driving to the left by making a left-hand turn in accordance with the Egal gallon (e.g., the intersection near Sacheon-si). However, at the above time, G 29 passenger buses operated by the F, G 29 passenger buses operated by the F, who violated the signal, and were negligent in the part of the driver’s seat of the passenger car of the deceased’s vehicle in front of the bus, which was 18:53 on the same day, from an ordinary university hospital to a high-speed-gun passenger village at a speed of about 90km. Accordingly, the deceased died due to the two gallon (hereinafter collectively referred to as the “instant accident”).

2) Plaintiff A is the deceased’s spouse, and Plaintiff B, C, H, and I are the deceased’s children, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to the above buses driven by F.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 9 (including virtual number; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the facts acknowledged as above, F caused the death of the deceased by negligent negligence while neglecting the duty of care to stop buses according to the signals and drive safely at the intersection where signal apparatus is installed. The Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident.

C. The Defendant asserts that the deceased did not fasten the safety belt at the time of the instant accident.

However, according to the descriptions and images of the evidence No. 9, the deceased appears to have been fastened with the safety belt, and there is no evidence to deem that the damage was increased due to any negligence of the deceased, and the above assertion by the defendant is rejected.

2. The following facts are revealed in the scope of liability for damages:

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