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(영문) 서울중앙지방법원 2019.08.23 2016가단5240454
손해배상(자)
Text

1. The Defendant’s KRW 56,294,865 as well as the Plaintiff’s annual rate of 5% from June 5, 2015 to August 23, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition C ED1) F is H bus owned by G Co., Ltd. (hereinafter “Defendant vehicle”) around 11:52 on June 5, 2015.

(C) due to the negligence that the Plaintiff’s driver, while driving the road in front of the “Cratwon” located in Seoyang-gu I in Yangyang-si I, was negligent in neglecting the duty of Jeonyang-si in the middle of the two-lanes from the edge of the island to the ridge, while driving the road in front of the “Cratwon”, and neglecting the duty of Jeonyang-gu in the middle of the two-lanes, and the Plaintiff’s Jpter Cargo (hereinafter “Plaintiff’s Vehicle”).

2) The lower court found that the lower part of the Plaintiff’s vehicle was delayed and shocked by the front part of the Defendant’s vehicle (hereinafter “instant traffic accident”).

). 2) 원고차량은 그 충격으로 앞으로 튕겨나가 서울외곽순환도로 아래에 설치된 가로등과 충돌하게 되었다.

3) The Plaintiff suffered from injury, such as external depression, external stress disorder, etc. due to the instant accident. 4) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant vehicle.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 5, 25, Eul's 1 (including numbers, if any; hereinafter the same shall apply)'s entries, images, and whole pleadings

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiff for damages caused by the accident in this case as a mutual aid business operator, barring special circumstances, since the plaintiff sustained an injury due to the operation of the defendant's vehicle.

C. In full view of the purport of the entire pleadings and arguments in the statements or videos in the evidence Nos. 1 and 2, it is recognized that the plaintiff was showing that the plaintiff was showing an emergency, etc. and stopped on a first-lane, but only the left Bracks, etc. at the time of the accident of this case due to the breakdown of the plaintiff's left Bracks, etc., and these circumstances are deemed to have caused the accident of this case, and thus, the amount of damages the defendant shall compensate for.

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