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(영문) 전주지방법원 2020.12.04 2018가단30940
손해배상(자)
Text

1. The Defendant’s KRW 14,593,794, Plaintiff B, and C respectively, and each of them from September 13, 2012.

Reasons

The occurrence of liability

A. The facts of recognition 1) E is an I express bus belonging to H in the front of G on September 13, 2012 (hereinafter “Defendant vehicle”) around 10:55 on September 13, 2012 at the end of M. F in Y in the front of G.

(i)A network K (hereinafter referred to as “the deceased”) with a crosswalk unsignaled to the right side from the left side of the running direction of the Defendant’s vehicle, while driving to the left at the port of the police box for the Gu’s death movement.

2) In shocking the deceased, the deceased suffered injury, such as the peltoma, peltomaitis, acute peltoma, damage to the upper right peltoma, damage to the opening of the upper right peltoma, the upper right peltoma, the upper right peltoma, and damage to the upper right peltosle peltoma, etc. (hereinafter referred to as the “accident”).

(2) The Deceased died on August 24, 2018, and the Plaintiff’s spouse, Plaintiff B, and C are children of the Deceased.

The defendant is a mutual aid business operator who has entered into a mutual aid agreement with H, the owner of the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 7, 8, Eul evidence 1, the purport of the whole pleadings

B. Comprehensively taking account of the facts acknowledged prior to the occurrence of liability for damages and the limitation thereof, E violated the duty to protect pedestrians in the crosswalks and caused the instant accident due to negligence committed in bad faith during a time period in which pedestrians can easily be easily identified, and thus, the Defendant, who is the mutual aid business operator of the Defendant’s vehicle, is liable to compensate for the damages suffered by the Deceased due to the instant accident.

However, if the deceased is on the crosswalk without a signal signal, he was negligent in neglecting his duty to confirm the left and the right, and such negligence was caused by the occurrence and expansion of the damage caused by the accident in this case, thereby limiting the defendant's liability to 90% due to the accident in this case.

(10%) 2. Loss of the deceased within the scope of liability for damages is as follows:

The period for the convenience of calculation shall be calculated on a monthly basis.

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