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(영문) 청주지방법원 2019.06.14 2017가단106411
손해배상(자)
Text

1. The Defendant: (a) each of the KRW 221,01,981 to Plaintiff A and B; (b) KRW 7,500,000 to Plaintiff C; and (c) each of them from March 19, 2017.

Reasons

1. Occurrence of liability for damages;

A. 1) E is the F urban bus around 22:48 March 19, 2017 (hereinafter “Defendant bus”).

2) While driving a Cheongju-si, the first line road in front of H Company G in Seowon-gu, Seowon-si, and driving a Cheongju-si, the first line road in front of H Company G is being driven by a lusium room from Guamri, the road is crossing the road in front of the proceeding direction (hereinafter referred to as “the

2) The accident of this case is attributable to the right side of the Defendant bus (hereinafter referred to as the “instant accident”).

As a result, the deceased died on the same day. 2) The plaintiff A and B inherited the deceased's property as the parent of the deceased each half of their shares, and the plaintiff C is the parent of the deceased.

3) The defendant is a mutual aid business operator who concludes a motor vehicle mutual aid agreement with J Co., Ltd. and takes over liability for damages. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including paper numbers, images, and the purport of the whole pleadings.

B. According to the fact of recognition of liability, since the deceased died due to the operation of the Defendant bus, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator of the Defendant bus.

C. The limitation of liability caused the instant accident by negligent act of driving a vehicle at a speed of about 75 km per hour exceeding 60 km per hour and neglecting the duty of her front direction in the road where the view is restricted by using a bend to the left side, without any street at night, while driving the road at a speed of about 75 km per hour, but the deceased also was in the vicinity of the road immediately preceding the accident while crossing or walking the road without examining the movement of the vehicle in the above road situation. Thus, the Defendant’s liability for damages is limited to 70% in consideration of these circumstances.

2. Scope of damages.

A. The lost income: (a) the actual income loss equivalent to the total assessment value of the capacity of the Deceased, 49,975,148 won, lost due to the instant accident, shall be as follows.

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