Law Firm Han-jin, Attorney Lee Dong-chul, Counsel for the plaintiff-appellant

Attorney Jeong Sung-sung et al., Counsel for the defendant

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 60% is assessed against the Plaintiff, and the remainder is assessed against the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

(a) Facts of recognition;

1) On January 19, 2017, C driven a D bus on January 16, 2017 (hereinafter “Defendant bus”), but stopped in the bus stops in the bus stops in front of the bus stops in the Hanyang-gu E market in Ansan-gu, Manyang-si, and the Plaintiff boarding the entrance has lost its center and became the left part of it toward the rear right side of the bus after going beyond the road (hereinafter “the instant accident”).

2) The Plaintiff suffered injury, such as damage to the voltage of the left part of the instant accident, aggravation of the dystroke, and the extraction of the outer side copy, etc.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement for Defendant vehicle.

B. Recognition of liability

According to the above facts, the plaintiff was injured due to the operation of the defendant vehicle, so the defendant is liable to compensate the plaintiff for damages caused by the accident of this case as the mutual aid business operator of the defendant vehicle, unless there are special circumstances.

C. Limitation on liability

However, the defendant bus is limited to 50% of the defendant's liability ratio in consideration of the circumstances, such as the fact that the plaintiff was able to start after getting off the passengers at the bus stops, and the fact that the plaintiff came to go beyond the surface with the body of the plaintiff going back to the inside of the mouth of the bus going out.

[Reasons for Recognition] Facts without any dispute, Gap 1, 2, 3, and Eul 1's each entry and video, significant facts and purport of the whole pleadings in the court

2. Scope of liability for damages

In addition to the following separate statements, the amount of damages shall be the same as each corresponding item of the damages calculation table, and the period for convenience shall be calculated on a monthly basis in principle, but less than the last month and less than won shall be discarded. At the time of the accident, the current amount of damages shall be calculated by the simple interest rate which deducts the interim interest at the rate of 5/12 per month. In addition, it shall be rejected that the parties' arguments have not separately explained.

【Ground of recognition】 The fact that there has been no dispute, the entries and images of evidence A1 through 6, and evidence B 1 through 4, the result of each request for physical examination of the G Hospital Head and H Hospital Head, the fact that is obvious to the court, and the purport of the whole pleadings

(a) Actual income:

1) Personal information: The term "basic matters" in [attached Form] calculation table of damages is as stated.

(b) Income: Daily wage of an ordinary worker in an urban area (22 days of operation a month);

In regard to this, the defendant asserts to the effect that since the plaintiff continued to stay in Korea until the maximum working age of China, there is no guarantee that his income activities are lowered, the plaintiff's actual income after the expiration of the period of stay in Korea should be calculated on the basis of Chinese daily wage.

However, it is recognized that the plaintiff was issued a permanent sovereignty visa (F-5) on October 6, 2014, if the purport of the entire pleadings is added to the statements in Gap 5 and 6. Thus, the defendant's above assertion is not acceptable.

(iii)the ratio of injury to the latter and labor capacity;

14% of the labor ability loss rate due to the limitation of the exercise scope of the satisfaction level and the satisfaction level, permanent disability (applicable mutatis mutandis to Mabrid Mabroe II-B-a, vocational coefficient 5)

(iv)Calculation of lost earnings;

[Attachment 1] The actual income in the damages calculation sheet shall be KRW 75,793,757, such as the entry in the damages calculation sheet.

(b) Expenses for future treatment;

1) Gender Equality;

It is anticipated that KRW 5,882,700 will be required at costs, such as anti-dives, etc., and for convenience, the following day after the closing date of the argument in this case ( May 30, 2019) shall be deemed disbursed on the following day, and when the present price is converted at the time of the accident in this case, 5,267,957 won

2) Fluorescent;

(1) Expenses incurred in the removal of non-conforming recompetants and straw materials.

H In addition to the purport of the entire oral argument as a result of physical examination of the H Hospital head, there may be pains caused by the fluoral ties of the 3 middle ties or the fluoral ties, but it cannot be ruled out that the cause of the fluoral ties is the fluoral fluoral fluoral fluoral fluoral, and the fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor, etc.

(2) Medical expenses, inspection expenses, medication expenses, etc.

In addition to the purport of the entire argument as a result of the physical examination of the H Hospital Head, it appears that the external medical expenses, X-ray, MRI, CT inspection expenses, medication expenses, greenhouseening expenses, and early wave expenses, etc. are required. As sought by the Plaintiff, it is deemed that the cost of six months required is 2,728,600 won.

(f) Deductions and offset;

Of the medical expenses already paid by the Defendant 36,905,510 won, 18,452,755 won equivalent to 50% of the negligence ratio of the Plaintiff shall be deducted from the said damages.

(g) Consolation money;

1) Grounds for consideration

All the circumstances shown in the arguments of this case, such as the background of the accident of this case, the degree and degree of injury, the details and period of treatment, etc.

(ii) Amount recognized: 11,225,326 won;

3. Conclusion

Therefore, the Defendant, as compensation for damages, is obligated to pay to the Plaintiff 37,00,000 won (property damage 25,774,674 won + solatium 11,225,326 won) and damages for delay calculated at each rate of 12% per annum under the Civil Act from January 19, 2017, which is the date of the instant judgment, until November 27, 2019, which is the date of the instant judgment, as to the existence and scope of the Defendant’s performance obligation, and from November 27, 2019, which is the date of the instant judgment, to the day of full payment.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.