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(영문) 서울중앙지방법원 2014.10.24 2009가단232313
손해배상(자)
Text

1. The Defendant’s KRW 28,952,762 as well as the Plaintiff’s annual rate from November 30, 2007 to October 24, 2014.

Reasons

1. Occurrence of liability for damages;

A. At around 18:00 on Nov. 30, 2007, the Plaintiff classified a bus level to get off a bus stop while getting on and off a bus at a two-lane road near Seongbuk-dong in Chungcheongnam-si, Chungcheongnam-si, but at the same time, a bus driven on the said one-lane road was stopped on the two-lanes around the bus stop and opened a bus entrance after stopping on the said one-lane road. The Plaintiff moved off from the said bus to the two-lanes of the said road. At that time, the Plaintiff was faced with injury, such as brain dust, salute, salkite and tension, and a flafing salke, etc., by shocking the Plaintiff.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 3 and 4 (including paper numbers) and the purport of the whole pleadings.

B. According to the above facts of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as an insurer.

C. The defendant asserts that the defendant's exemption is limited, ① as the driver of the defendant's vehicle, the driver of the defendant's vehicle could not anticipate that the passenger's getting off or getting off the bus on the one-lane road, which is not the bus stop, and also, at the time of the accident in this case, the driver of the defendant's vehicle could not discover the plaintiff and avoid the accident.

However, according to the above evidence, the evidence submitted alone is insufficient to recognize that there was no possibility or possibility of avoidance of the instant accident to the driver of the Defendant’s vehicle, and there is no other evidence to acknowledge it, in view of the following: (a) there was a situation of the bus stops near the bus stops at the time of the instant accident; and (b) the bus stops at the time of the instant accident and the entrance doors could have been located near the bus stops although the bus stops at the same time; and (c) there was no other evidence to acknowledge it.

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