beta
(영문) 서울중앙지방법원 2017.06.23 2016가단5165225

손해배상(자)

Text

1. As to Plaintiff A’s KRW 839,818,483, and KRW 5,00,000 to Plaintiff B, and each of the said money from January 23, 2004 to January 2017.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) A bus belonging to male traffic (hereinafter “Defendant bus”)

(1) On January 23, 2004, while proceeding along the intersection in the direction of the e-mail distance of the e-mail stop from the e-mail screen, the previous vehicle was stopped in accordance with the stop signal, and the front part of the Defendant bus was shocked by the front part of the previous vehicle, and due to the shock, the previous vehicle was pushed the Plaintiff A, who was crossing the crosswalk pursuant to the pedestrian signals while being pushed down in the future (hereinafter “the instant accident”).

2) As a result of the instant accident, Plaintiff A suffered injury, such as gymnasium, etc. due to low oxygen brain damage.

3) Plaintiff B is the mother of Plaintiff A, and the Defendant is the mutual aid business operator who entered into an automobile mutual aid agreement with respect to Defendant bus. 【Ground of recognition】 The fact that there has been no dispute, and the purport of all entries and arguments, including evidence Nos. 1, 2, and 3 (Additional No. Serial).

B. According to the above recognition of liability, the defendant is liable to compensate the damages suffered by the plaintiffs as the mutual aid business operator of the defendant vehicle, as the plaintiff sustained the injury due to the operation of the defendant vehicle A, barring special circumstances.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

The term "basic matters" in the attached Table of calculation of personal information damages shall be as specified.

However, this court's entrustment of physical appraisal to the head of the Seoul Hospital and fact-finding results.