(영문) 서울중앙지방법원 2017.01.20 2016가단5089536

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(영문) 서울중앙지방법원 2017.01.20 2016가단5089536

손해배상(자)

Text

1. The Federation of the Defendant National Bus Transport Business Association is subject to KRW 24,936,257, respectively, to the Plaintiff A, KRW 34,83,33, and Plaintiff B and C.

Reasons

1. Basic facts

A. On August 22, 2015, D driven a cross-city bus (hereinafter “Defendant vehicle”) at a bus terminal parking lot located in the Masan-si, Changwon-si, Changwon-si, Masan-si, 10, from the entrance to the entrance of the vehicle on the platform, and left left the left at the entrance of the vehicle. On the part of the negligence of not discovering the net F (hereinafter “the network”) and proceeding to left the left without discovering the hand from the side of the Defendant vehicle, and caused the death of the deceased with the rear wheels of the Defendant vehicle, and caused the death of the deceased due to damage, etc.

(hereinafter referred to as “instant accident”). B.

Plaintiff

A is the husband of the deceased, and the plaintiff B and C is the deceased's children, and G is the heir, who is the deceased's children, and the defendant National Bus Transport Business Association (hereinafter "the defendant federation") is the mutual aid business operator who entered into an automobile mutual aid contract with respect to the defendant's vehicle, and the defendant Msan Bus Terminal Co., Ltd. (hereinafter "the defendant bus terminal") is the company operating the Msannam bus terminal, which is the place of the accident in this case.

C. The Deceased received a public official’s retirement pension of KRW 3,810,741 per month as a retired public official, and the recipient of a survivor’s pension following the Deceased’s death is the Plaintiff A, and the survivor’s pension is KRW 2,384,260 per month.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 6, 11, and 12 (including branch numbers if there are branch numbers); hereinafter the same shall apply)

(ii) evidence Nos. 1, 1, 2, 2, and 3)

2. Determination as to the claim against the defendant federation

A. According to the above facts of recognition of liability, the defendant federation, a mutual aid business operator for the defendant vehicle, is liable to compensate the deceased and the plaintiffs for the damages caused by the accident in this case.

B. According to the evidence before limitation of liability, the deceased has already started at night.

유사 판례

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-수원지방법원 2014.11.19 2014나10134

-서울중앙지방법원 2017.03.22 2015가단5027890

-서울중앙지방법원 2017.04.28 2016가단5171350