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(영문) 인천지방법원부천지원 2019.12.12 2019가단22359
손해배상(자)
Text

1. On January 6, 2014, in the process of reporting and operating a prior vehicle by a bus E on the roads of Kimpo-si, Kimpo-si, Kimpo-si around 14:50.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid project operator who has entered into a mutual aid agreement with a third party to compensate in accordance with the terms and conditions of the mutual aid, where the company is liable for damages due to an accident that occurred during bus operation with respect to E buses owned by FF Co., Ltd. (hereinafter “instant bus”).

B. At around 14:50 on January 6, 2014, the bus driver G operated the brake system by reporting that prior vehicles stop on the road at Kimpo-si, Kimpo-si, and during that process, the Defendant, who was seated next to the back of the bus of this case, was faced with the chest knife (hereinafter “instant accident”).

C. On January 10, 2014, the Defendant received a diagnosis that the instant accident requires approximately three weeks’ medical treatment due to the salt cages and tensions of the cage cage cage at H’s source, damage to the cage cages, salt cages, tensions, etc., and thereafter continued hospital treatment (including 45 days for hospital treatment, 50 days for hospital treatment, 507 days for hospital treatment, etc.) for at least five consecutive years, as indicated in the “the details of mutual aid payment” in the attached Form, from around that time to March 6, 2019. Accordingly, the Plaintiff paid the mutual aid amount of KRW 21,173,920.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Gap's 3-1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. In accordance with the instant accident, the Plaintiff already paid the mutual aid amounting to KRW 21,173,920 for the Defendant, and it is under the circumstances that the Defendant has to pay the mutual aid money in addition to the medical expenses currently being treated.

However, as a passenger using a bus, the defendant also bears the duty of care to prepare for the unexpected situation following the bus operation, and the comparative negligence of 20% can be applied to the instant accident.

Thus, the plaintiff shall pay 300,000 won and transportation expenses of 4,056,00 won (8,000 won per day x 507 days for outpatient treatment) to the defendant.

Even 749,984 won =21,173,920 won ¡¿ Defendant.

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