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(영문) 울산지방법원 2017.04.19 2016가단60920

손해배상(자)

Text

1. The Defendant’s KRW 23,59,573 as well as the Plaintiff’s annual rate of 5% from February 25, 2016 to April 19, 2017, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition are as follows: (a) around 16:30 on February 25, 2016, B driven a C bus (hereinafter “instant bus”) and stopped at a bus stop in front of the defensive cycle 851, U.S., Ulsan-dong, U.S., U.S., and entered the bus stop at a two-lane between the two-lanes and the two-lanes; and (b) caused the Plaintiff’s injury, such as pressing the mouth, etc., to the Plaintiff, by shocking the Plaintiff’s ozone part of the Plaintiff’s driving, which was proceeding one-lane in the same direction.

(hereinafter “instant accident”). The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with respect to the instant bus.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2 evidence, Eul 3 evidence (including paper numbers), the purport of the whole pleadings

B. The judgment of the court below is liable to compensate the Plaintiff for the damages caused by the instant accident as a mutual aid business operator of the bus of this case.

2. According to the evidence held prior to the limitation on liability for damages, the Plaintiff erred by driving a motorcycle while under the influence of alcohol of 0.106% without a motorcycle driver’s license at the time of the instant accident.

In calculating the amount of damages of this case, such negligence of the plaintiff is considered, but the defendant's liability is limited to 65% of the total amount of damages.

3. 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 current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

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

Personal information 1) Personal information: The same shall apply to the entry in the column for “basic matters” in the attached Table for calculation of damages: 2) Income and operating period: Urban Ordinary Daily Wage (22 days per month) and until he/she reaches 60 years of age, the Plaintiff from January 2015.