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(영문) 인천지방법원 부천지원 2018.05.16 2017가단105687
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 14,391,935, KRW 10,927,956, and each of the said amounts, respectively, to Plaintiff B, C, and D.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 15:07 on February 10, 2017, Nonparty E driven F buses and neglected to perform the duty of front-rounding, while moving back to the speed of approximately 2-30 kilometers at the speed of the Si speed from the middle-speed elementary school at the EL Hospital, which attends the shooting distance of 177 two mountain trokebbbroke apartment on the Docheon-si, and caused an accident of collision with Nonparty G (hereinafter referred to as “the network”) who seeks to walk a bicycle and walk the crosswalk due to negligence that did not stop on the stop line.

(2) On February 28, 2017, the Deceased died due to the instant accident (hereinafter “instant accident”).

(3) The Defendant is a mutual aid association that entered into a mutual aid agreement with the small passenger transport company to which the bus operated by Nonparty E belongs.

(4) The plaintiffs are the inheritors of the deceased, the plaintiffs A are the wife of the deceased, and the rest of the plaintiffs are the children of the deceased.

[Ground for Recognition: Facts without dispute, Gap 1, 2, 4, 5, 13 evidence, Eul 1, 3 (including paper numbers), the purport of the whole pleadings]

B. According to the above facts of recognition of liability, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the accident in this case according to the mutual aid contract.

On the other hand, if the deceased, on the other hand, on the bicycle riding, she is required to walk along the bicycle in accordance with the Road Traffic Act, she is negligent in entering the crosswalk as soon as possible without reducing the speed of the bicycle, and without checking whether the vehicle is driving, and since such negligence was caused by the occurrence of the instant accident and the expansion of damage, it is reasonable to consider it in the amount of damages, but it is reasonable to 35%.

Therefore, the defendant's liability is limited to 65%.

2. The following facts are not disputed between the parties, or may be admitted as a whole by taking account of the whole purport of pleadings as stated in Gap evidence 6 to 10, and Eul evidence 2:

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