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(영문) 서울중앙지방법원 2017.08.24 2015가단5222794
손해배상(자)
Text

1. The Defendant’s KRW 13,274,910 as well as 5% per annum from April 23, 2014 to August 24, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. On April 23, 2014, while driving C’s bus (hereinafter “Defendant’s vehicle”) around 17:50 on April 23, 2014, B stopped due to the vehicle’s stop in the vicinity of the 3-lane 43 new bus stops in the new bus stop in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and the Plaintiff, a bus passenger, her bus passenger, her back the bus with the rear door.

A pooler B re-entered the Defendant’s vehicle immediately and thereby, the Plaintiff, who was placed on the bus back, was in excess of the bus.

(2) The Plaintiff suffered bodily injury, etc. on the alley floor of the sloping sloping sloping.

(3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement for the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 8 evidence, each entry or video (including paper numbers) with Eul 1 evidence, the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case as a mutual aid business operator of defendant vehicle.

C. As the Plaintiff for limitation of liability, there was an error in the bus without holding the knobbs from the bus, and the Plaintiff’s error appears to have caused one of the occurrence and expansion of the instant damages. However, the Defendant’s liability ratio is limited to 90% in consideration of the fact that the Deceased is the aged.

2. In principle, a 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 KRW 10 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, it is rejected that the parties' arguments are not stated separately.

[Ground of recognition] The absence of dispute, the statements Nos. 2 and 7, the results of the court's commission of physical appraisal to the director of a character university, the results of fact inquiry, and the empirical rule.

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