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(영문) 서울중앙지방법원 2020.11.26 2018가단5248070

손해배상(자)

Text

1. The Defendant’s KRW 84,35,061 as well as the Plaintiff’s annual rate of KRW 5% from March 5, 2017 to November 26, 2020.

Reasons

1. Occurrence of liability for damages;

A. 1) On March 5, 2017, C: (a) D bus vehicles around 21:14, 2017 (hereinafter “Defendant vehicle”).

) A driver was stopped for passengers getting on and off the bus stops at the front bus bus stops in front of the Embridge in light of light-block, and the plaintiff was working on the defendant vehicle, but the door was closed and the plaintiff was set up at the entrance of the defendant vehicle, and the plaintiff was driving on the road (hereinafter “instant accident”).

2) According to the instant accident, the Plaintiff sustained injury, such as sugar, spawn spawn spawn, spawn spawn spawn spawn, etc.

3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle. 【Ground of recognition's absence of dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and 3 (each of the descriptions or images including virtual numbers, and the purport of the whole pleadings.

B. According to the above fact of recognition of liability, the plaintiff sustained an injury due to the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as the mutual aid business operator of the defendant vehicle.

C. Restrictions on liability, however, the Plaintiff’s negligence was found to be 15% in calculating the amount of damages to be paid by the Defendant, and the Defendant’s liability is limited to 85% in consideration of the following: (a) the Plaintiff, as well as the Plaintiff, should have confirmed the opening and closing of the entrance in a bus, should have been boarded while the entrance was completely opened; and (b) the Plaintiff should have been negligent in promoting the safety of himself, such as taking hand over at the time of boarding; and (c) the Plaintiff’s error contributed to the occurrence of the instant accident

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 amount of damages.