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(영문) 서울남부지방법원 2020.03.18 2019가단5721
손해배상(자)
Text

1. The defendant's KRW 643,684,714, and KRW 5,00,000 to the plaintiff Eul, and KRW 2,00,000 to the plaintiff C and D respectively.

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned) The Defendant is F chartered bus (hereinafter “Defendant bus”)

(2) Plaintiff B is the spouse of Plaintiff A, and Plaintiff C and D are children of Plaintiff A.

B. On June 28, 2018, G: (a) around 10:34 on June 28, 2018, while driving the Defendant bus and driving the Defendant bus, G neglected to perform his/her duty of streeting at a speed of about 30 km/h from the edge of the road in front of the H in Gwangju City to the wave intersection from the edge of the road in the direction of the road driving by negligence; (b) caused the Plaintiff A, who opened the crosswalk normally in accordance with pedestrian signals from the right side of the bus driving direction to go beyond the floor (hereinafter referred to as the “instant accident”).

(2) Due to the instant accident, Plaintiff A suffered bodily injury, such as light-to-door transfusion, etc., without an open two wifes for about eight weeks in need of medical treatment, and was subject to the said day-to-day therapy and the blood transfusion removal surgery.

C. By January 31, 2020, the Defendant paid the Plaintiff KRW 188,385,890 in total, including medical expenses incurred from the instant accident, as a mutual aid business entity of Defendant bus.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 5, Gap's evidence 8, Eul's evidence 1 through 3, the purport of whole pleadings

2. Occurrence of liability for damages;

A. According to the fact of recognition of liability, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident of this case as a mutual aid business operator of defendant bus unless there are special circumstances.

B. Whether the liability is limited or not, the Defendant is negligent in governance of the crosswalk by being aware of the direction of the passage and access of the Defendant bus while walking along the road in the same direction as the Defendant bus at the time of the instant accident, with the Plaintiff’s walking in the same direction as the Defendant bus, and thus, taking into account the foregoing negligence.

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