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(영문) 서울중앙지방법원 2015.08.21 2013가단5120221
손해배상(자)
Text

1. The Defendant: KRW 1,00,000 for each of the Plaintiff A and KRW 500,000 for the Plaintiff C and F, respectively, and each of the above KRW 377,382, Plaintiff B, E, and F.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Plaintiff A around 20:05 on December 22, 2010, the G bus belonging to Sam Young Transportation Co., Ltd. (hereinafter “Defendant bus”) in the bus stops located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, at the location of the bus stops (hereinafter “Defendant bus”).

) The back door of the Defendant bus, which was set up to automatically close H, a driver of the Defendant bus, is left from the Defendant bus, and the head was faced with the floor. (hereinafter “instant accident” is referred to as “the instant accident”).

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

[Ground for recognition: Facts without dispute, Gap 1, 8 through 10, Eul 1, 2, 6, 7, and 8 (including the number with each number; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

B. According to the fact of recognition of liability, H, a driver of the Defendant bus, has a duty to take necessary measures, such as opening the door accurately so as not to fall off by a bus driver (Article 39(3) of the Road Traffic Act), but neglecting this duty so as to automatically close the rear door by neglecting it (Article 39(3) of the Road Traffic Act). On the back door that the Plaintiff A, who loaded the stairs automatically close, she gets the center of the body back, and the rear door with which he was aware of the pipe’s pipe, can be recognized that the Plaintiff A suffers from the road by leaving his head far away from the bus. Thus, H, a bus driver, is liable for the instant accident.

The Defendant expressed that the Plaintiff A is fine on his own after the instant accident. In light of the fact that Plaintiff A’s two parts of the two parts of the Plaintiff A are left to the right be left to the right be left, the right be left to the right be left, and there is no credit on the road due to the instant accident.

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