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(영문) 부산지방법원 2016.02.02 2015가단213267

손해배상(자)

Text

1. The Defendant: (a) KRW 57,921,124; (b) KRW 3,00,000; and (c) KRW 500,000 for Plaintiff C and Plaintiff D, respectively.

Reasons

1. Occurrence of liability for damages;

A. 1) E is a F bus around 11:30 on October 7, 2014 (hereinafter “Defendant bus”).

) A driver, driving a vehicle, driving a two-lane at the entrance of Busan Metropolitan City G apartment, driving a motor vehicle with an illegal pattern on the two-lanes. A, a passenger of the Defendant bus, was cut off from the seat where he was seated to the bus floor to the bus floor, resulting in a vertebrates and three-polars, 12 chests of the vertelele (hereinafter referred to as “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 Defendant bus.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, 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 accident of this case as a mutual aid business operator of defendant bus.

However, in consideration of the fact that the plaintiff A was found to have failed to promote the safety of the city bus by means of hand-off, etc. in preparation for the sudden operation of the bus due to the sudden situation, 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. Personal Information 1) Personal Information: Hborn female, occupation and monthly income at the time of the instant accident: The Plaintiff appears to have obtained income equivalent to the daily wage by working as an urban ordinary worker until the end of operation, and thus, it shall be based on the amount obtained by multiplying the average daily wage of the ordinary worker by 22 days in operation.