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(영문) 인천지방법원 2021.01.12 2019가단272335
손해배상(자)
Text

1. The Defendant: (a) KRW 42,144,700 to Plaintiff A; (b) KRW 1,000,000 to Plaintiff B; and (c) each of them, from November 11, 2018 to January 2021.

Reasons

1. Basic facts

(a) On November 11, 2018, in Geumcheon-si, Seoul, U.S.D., a bus (F) runs along one lane from the long distance to the long distance, one-lane from the long distance to the right edge of the horse, and was stopped beyond the opposite one due to the collision of the vehicle's vehicle's driving from the right edge to the left edge and the opposite one.

G Buses (H; hereinafter “instant bus”) conflict with each other, and as a result, the instant bus conflict with other automobiles (hereinafter “instant accident”).

B. Due to the instant accident, Plaintiff A, a bus passenger of the instant bus, suffered injuries, such as the salt pane, tension, and open sponse of the two skins, and Plaintiff B is the mother of Plaintiff A, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to the instant bus.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7-1 and 2-3, video and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the fact of recognition of liability, the defendant is liable for compensating the plaintiffs for damages caused by the accident of this case, since the plaintiff Gap suffered bodily injury due to the operation of the bus of this case.

B. The Defendant’s negligence on the part of the Plaintiff who did not wear a safety bell

Accordingly, the plaintiffs are arguing that the bus of this case is a general bus with no safety level installed.

In the case of passenger-type buses and public transportation buses, the route of operation is relatively short, and most of them are operated at low speed in the sections due to the conditions of urban roads, the entrance is permitted, the passengers' load is frequent, and the safety labelling is not obligated to be installed due to the deterioration of convenience in the use of public transportation. Thus, safety labelling was installed on the instant bus, referred to in Article 27(1)2 of the Regulations on the Performance and Standards of Motor Vehicles and Motor Vehicle Parts.

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