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(영문) 부산지방법원 2016.09.22 2015가단237461
손해배상(자)
Text

1. The defendant shall pay 5,00,000 won to the plaintiff A, 500,000 won to the plaintiff B, and C, respectively, and 20,000 won to the plaintiff D, and E, respectively.

Reasons

1. Facts of recognition;

A. F, around August 27, 201, at around 19:30 on August 27, 2011, G Village bus owned by Il-gu Co., Ltd. (hereinafter “Am-gu”) was driven by the Plaintiff A, who was checking bicycle brakes on the right side of the direction at the right side of the navigating direction while proceeding along the first line road along the mountain road in the vicinity of the city where the head of Sim-gu, Busan, Sim-gu, the head of Sim-gu, U.S. (hereinafter “Am-gu”).

(hereinafter “instant traffic accident”). (b)

Plaintiff

A has suffered injuries, such as the 12 chest pellelines and the stokes, etc., due to the instant traffic accident.

C. Plaintiff B and C are the parents of Plaintiff A, and Plaintiff D and E are between Plaintiff A and South Korea.

In addition, the defendant is a mutual aid business operator for the instant sea-related vehicles.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 8, Eul evidence Nos. 1 and 3, video (if any, including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability and the evidence as seen earlier, the instant traffic accident is deemed to have occurred by negligence in driving a sea-going vehicle while the F is obliged to take the front-time watch. Thus, the Defendant is an insurer of a sea-going vehicle, barring special circumstances, and is liable for the damages suffered by the Plaintiffs due to the instant traffic accident.

B. The limitation of liability is limited, however, by negligence, that the plaintiff inspected a bicycle exceeding the lane on the side side of the side of the one-way road at which the direction of the plaintiff A is bend with the right side of the road: according to each image of subparagraph 1-1, 2-2, 1-1, and 20 seconds of subparagraph 1-2 of this Article, the accident location is the first line of the one-way road, which is a one-way road with a relatively low speed, and the time at the time of the accident is after sunset (the sunset time in Busan area was confirmed to be 18:58 on August 27, 201). On the road, there is an obstacle to the right side of the road, and the harming vehicle is right side.

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