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(영문) 서울서부지방법원 2014.04.17 2013가단16377
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 276,579,420, Plaintiff B, C, and D, respectively, and each of the said amounts, on November 29, 2012.

Reasons

1. Occurrence of liability for damages;

A. The basis of liability is (1) Nonparty F, who operated a bus for commuting to and from the workplace of its employees, Samsung F, Inc. (hereinafter “Nonindicted Company”), operated the bus at around 06:45, on November 29, 2012, operated the bus and operated two lanes in front of the H restaurant located in Seoan-gu, Seoan-gu, Seoan, Seo-gu, Seoan, in two lanes from right to right from right to right to right of the bus. However, even if he had a duty of care to care for operating the bus with due care, he did not discover a 16 ton of the I driver’s J 16 tons of the rear part of the truck in front of the above bus, resulting in the death of the bus at the site of the above bus.

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement for the bus.

(3) The Plaintiff A is the mother of the network K, and the rest of the Plaintiffs are the siblings of the network K.

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

C. The limitation of liability: (a) the Deceased died by suffering injuries, such as a pelvis and pelvis, pelvis, right pelvis, pelvis, pelvis, etc. which are difficult to occur if he had worn a safety bell; (b) according to this, it may be recognized that at the time of the instant accident, the Plaintiff was in a state of failing to wear a safety bell normally; and (c) it is reasonable to deem that the Plaintiff’s fault failing to wear a safety bell contributed to the occurrence and expansion of damages caused by the instant accident, and therefore, the Defendant’s liability is limited to 90% by taking into account the degree of 10%.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, entry of Eul evidence 2 through 5, purport of whole pleadings]

2. The scope of liability for damages is below.

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