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(영문) 서울서부지방법원 2019.01.24 2017가단214551
손해배상(자)
Text

1. The Defendant: (a) KRW 164,496,185; and (b) KRW 3,598,753; and (c) KRW 1,00,000 for the Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. 1) F is a G bus around 17:50 on July 31, 2015 (hereinafter “Defendant bus”).

(1) A driving a bus and driving a vehicle on the right side without accurately operating the brake devices in order to avoid collision, while driving a vehicle on the same lane and driving the vehicle on the right side without accurately operating the brake devices, which led to a sudden operation on the right side while leaving the bus on the road and falling down under the road and cutting down the vehicle below the road. As a result, A, who was on the Defendant bus, was injured by the vehicle on the right side of the road (hereinafter referred to as “instant accident”).

(2) Plaintiff B’s spouse, Plaintiff C, and D are children of Plaintiff A, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to Defendant bus.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5, 10, 35, 36 (including virtual numbers; hereinafter the same shall apply), each entry and video, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the recognition of liability and the recognition of the limitation on liability, the instant accident occurred due to negligence that failed to maintain a safe distance with the preceding vehicle, such as the failure of the driver of the Defendant bus to properly operate the operation and steering gear, and thus, the Defendant, who is the mutual aid business operator of the Defendant bus, is liable for the damages suffered by the Plaintiffs due to the instant accident.

However, as shown in the evidence No. 2, Plaintiff A failed to wear a safety labelling at the time of the instant accident, and considering the fact that the part of the injury caused by the instant accident is a critical part, the negligence of Plaintiff A’s failure to wear a safety labelling at the time of the instant accident also contributed to the expansion of damage caused by the instant accident.

As such, this can be said.

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