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(영문) 서울중앙지방법원 2021.01.13 2019가단5125938
손해배상(자)
Text

All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

Plaintiff (Counterclaim Defendant) respectively 16,413,865 won to the Defendant.

Reasons

1. On February 2, 2018, Nonparty D, while driving a F bus (hereinafter “the bus of this case”) on the three-lanes of the three-lane road in Seoan-gu, Seoan-si, Seoan-si, Seoan-si, Incheon, on February 17:10, 2018, crossing the road from the right side of the bus of this case to the left side of the road (hereinafter “the bus of this case”) (hereinafter “the accident of this case”). Accordingly, the Deceased died on or around 16:50 on February 18, 2018, the Defendant concluded a mutual aid agreement on the bus of this case, and the fact that the Plaintiffs jointly inherited their shares as the deceased’s parents is not disputed between the parties, or the evidence as set forth in subparagraphs 2 through 3-4, subparagraph 2-4, subparagraph 2-4, subparagraph 2-3, subparagraph 4-2, and subparagraph 4-2, and subparagraph 4-2, the Defendant’s evidence as a whole.

2. According to the above facts of recognition as to the claim of the main office, as the deceased died due to the operation of the bus of this case, the defendant is liable to compensate the damage caused by the death of the deceased, barring special circumstances.

As to this, the defendant asserts that the accident of this case occurred due to the total negligence of the deceased, and the defendant should be exempted from liability.

The provisions of the main sentence of Article 3 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of the same Article, shall be liable for the damages in case where a person who operates an automobile for his own sake, has killed or injured another person due to the operation thereof.

In principle, the driver's intention or negligence is not required to prevent the driver's intentional or negligent. However, in the proviso, "in the event that a person who is not a passenger dies or is injured, the driver himself/herself does not neglect to pay attention to the operation of the motor vehicle, and he/she has intentionally or negligently caused a third party other than the victim or the driver, and the structural defect or function of the motor vehicle.

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