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(영문) 서울중앙지방법원 2020.02.05 2019가단5053460

손해배상(자)

Text

1. The Defendant: (a) filed against the Plaintiff A KRW 33,00,00, KRW 22,000, KRW 300 with respect to each of the said money and each of the said money. < Amended by Presidential Decree No. 20000, Sep. 18, 2018>

Reasons

1. Occurrence of liability for damages;

A. 1) F is a G bus around 19:30 on September 18, 2018 (hereinafter “Defendant bus”).

) A driver of Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the “instant accident”) and a driver of Gangseo-gu (hereinafter referred to as the “instant accident”) led I to the left-hand side of the Defendant bus moving from the right-hand side of the route to the lower-hand side of the road while driving in the direction of a salt hold station at the e-lanes of the 5-lane road near the Gangseo-gu Seoul Metropolitan City.

2) As a result of the instant accident, I (hereinafter “the deceased”) died at around 19:40 on the same day.

3) Plaintiff A’s spouse, Plaintiff B, C, and D are the deceased’s children, and the Defendant is a mutual aid project operator who entered into a mutual aid agreement with respect to Defendant bus. According to the recognition of liability, barring special circumstances, the Defendant is liable to compensate for damages suffered by the deceased and the plaintiffs due to the instant accident as a mutual aid project operator, barring any special circumstance. However, the limitation of liability is limited to the Defendant’s liability for the fair and reasonable allocation of damages in consideration of the following factors: (a) the instant accident was the 9th class road from which the instant accident occurred; (b) the Plaintiff was the 9th class road from which the instant accident occurred; and (c) the Plaintiff was the 70% road from which the instant accident occurred; and (b) the Plaintiff was the 70% road in consideration of the occurrence of the instant accident. 【No dispute with the recognition basis】

2. Except as otherwise stated below within the scope of liability for damages, each item of the [attached Form] damages calculation table shall be the same as the corresponding item, and the convenience period shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The conversion of the amount of damages at the time of the accident shall be based on the discount rate calculated by deducting the interim interest at the rate of 5/12 per month.

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

recognized.