(영문) 서울중앙지방법원 2020.11.27 2018가단5252925

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Reasons

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(영문) 서울중앙지방법원 2020.11.27 2018가단5252925

손해배상(자)

Text

The defendant's KRW 150,145,854 to the plaintiff as well as 5% per annum from April 16, 2018 to November 27, 2020.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are as follows: (a) D urban bus around 07:06 on April 16, 2018 (hereinafter “Defendant vehicle”).

) A driver who stops in the Gwanak-gu Seoul Special Metropolitan City E-market stop but starts without completely getting off the Plaintiff, and due to this, the accident that the Plaintiff gets off (hereinafter referred to as the “instant accident”).

2) The Plaintiff suffered an injury, such as the pelvise, etc., due to the instant accident.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle (the fact that there is no dispute over grounds for recognition, the entries or images of Gap’s No. 1, 3 through 8, 10, and Eul’s No. 1, and the result of the physical examination of the F Hospital Head of this Court, and the purport

B. According to the above facts, the Plaintiff was injured due to the operation of the Defendant’s vehicle, and the Defendant, the mutual aid business operator of the Defendant’s vehicle, is liable to compensate the Plaintiff for the damages caused by the instant accident.

C. The limitation of liability: (a) the Plaintiff, as well as the Plaintiff, may be aware of the following circumstances, by comprehensively taking into account the respective descriptions or images set forth in Gap evidence 1 and Eul evidence 1 and the purport of the entire pleadings; (b) the Plaintiff, in the course of unloading from the Defendant’s vehicle, has committed an error moving out into the vehicle again in order to contact the transportation card; and (c) the Plaintiff’s error is deemed to have caused the occurrence or expansion of damage caused by the instant accident; (d) thus, the Defendant’s liability is limited to 80% by taking into account the calculation of the amount of

2. The Plaintiff’s damages within the scope of liability for damages are as follows:

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, the parties' arguments are separate.

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