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(영문) 부산지방법원 2015.07.07 2015가단201967

손해배상(자)

Text

1. The Defendant: KRW 41,752,165 to Plaintiff A; KRW 2,00,000 to Plaintiff B; KRW 500,000 to Plaintiff C and Plaintiff D, respectively.

Reasons

1. Occurrence of liability for damages;

A. 1) E is a F bus around 12:20 on March 1, 2013 (hereinafter “instant bus”).

(1) While driving his car and operating his car to Egresponding from Egresponding to Egresponding from Egresponding to Egresponding to Egresponding to Ngresponding to the Sogresponding market in Yangsan City. Accordingly, Plaintiff A, as a passenger, was in excess of his car and suffered injury, such as the upper part of Egresponding to the left side (hereinafter “instant accident”).

(2) Plaintiff B is the spouse of Plaintiff A, and Plaintiff C and Plaintiff D are children of Plaintiff A, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to the instant bus.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the recognition of liability and the recognition of the above limitation, the defendant is liable to compensate the damages suffered by the plaintiffs due to the instant accident as a mutual aid business operator of the bus of this case.

However, in consideration of the fault that the Plaintiff A was unable to promote the safety of the city bus by means of hand-off, etc. in preparation for a sudden situation due to traffic signal, operation of another vehicle, etc., the Defendant’s responsibility is limited to 90%.

2. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded, and the current value calculation at the time of the accident of damages shall be in accordance with the simple interest rate which deducts intermediary interest at the rate of 5/12 per month, and it shall be deemed to have been rejected that which is not written among the parties' arguments; and

A. On-the-job income: Personal information 24,697,403 won: Gborn male, income 57 years old and 6 months old at the time of the instant accident, and operation period A is the owner of HMoel and the spouse of the Plaintiff B, who is the representative of the above Moel, and has been working as the actual business owner who manages and operates the above Moel.