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(영문) 부산지방법원 2016.08.25 2015가단205174

손해배상(자)

Text

1. The Defendant’s KRW 47,807,986 for the Plaintiff and 5% per annum from January 30, 2013 to August 25, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition B, on January 30, 2013, operated the C urban bus that entered into a mutual aid agreement with the Defendant on or around 19:00, and delivered two-lane roads in front of the E-gas station located in Dong in Tong Young-si, from the string distance away from the front line, caused injury, such as the left, by shocking the Plaintiff who was crossing the crosswalk from the right side to the left side, which was turned back to the left side in accordance with the first turn.

(hereinafter referred to as “instant accident”). 【No dispute exists, Gap evidence Nos. 1, 2, and 9, Eul evidence Nos. 1, 1, and the purport of the entire pleadings.

B. The defendant shall be liable to compensate the plaintiff for damages caused by the accident of this case caused by negligence of the violation of the protection of pedestrians and pedestrians in the crosswalk B.

C. In view of the fact that the accident time of this case was very low, and the accident location of this case was a congested distance crossing without signal, the defendant's responsibility is limited to 90% since the plaintiff, as the plaintiff, has a duty to safely cross by taking well into account the surrounding area.

2. Except as otherwise stated below within the scope of damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ arguments are not separately explained.

The amount of damages shall be discarded less than the won and less than the month of the last month, and the amount shall be calculated according to the reduction rate which deducts the interim interest at the rate of 5/12 percent per month at the time of the accident.

Basic matters - The term "basic matters" in the attached table for calculation of damages.

- The left-hand satisfaction of the labor ability loss rate: 44.64% (the king steam shall be 16.22%) of the Mabrid disability assessment table, the application of Section 1-2 to the 36% left-hand side of the permanent disability: the application of Section 2-4 to the Mabrid disability assessment table, the application of Section 2-4 to the Mabrid disability assessment table, and the combined disability rate of 13.5% of the permanent disability (the sangish shall be 50%): 44.64%

B. Wronchial treatment costs 6,196,749 won = 7,396,120 won (i.e., 7,419,610 won - duplicate costs 23,490 won x 83.00 excluding kings.