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(영문) 서울중앙지방법원 2018.05.31 2016가단5251638
손해배상(자)
Text

1. The Defendant: KRW 39,473,492 for the Plaintiff and KRW 5% per annum from June 27, 2014 to May 31, 2018.

Reasons

1. Occurrence of liability for damages;

A. 1) B is an express bus C around 20:10 on June 27, 2014 (hereinafter “Defendant vehicle”).

(B) In the case of the Namyang-si, the Plaintiff, who walked along the crosswalk to the port from the right side of the direction of the Defendant’s vehicle while driving a Don-si and driving a Don-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “instant accident”) toward the Defendant’s vehicle while turning the intersection to the right side of the side of the Defendant vehicle

2) In the instant accident, the Plaintiff suffered injury, such as damage to the upper right-hand side of the bridge and to the power lines, etc.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the Defendant’s vehicle. The Defendant is liable for damages suffered by the Plaintiff as a mutual aid business entity for the Defendant’s vehicle. According to the facts of recognition of liability, the Defendant is responsible for compensating for damages according to the limitation of liability. However, according to the overall purport of each description and pleading of the evidence Nos. 1 and 2 (including the paper number) and the Plaintiff’s walking signal, etc. was found to have been unreasonably crossed without considering the surrounding condition in which the green traffic signal, etc. was destroyed. As such, the Plaintiff’s negligence shall be deemed to have caused the instant accident and the expansion of damages. Therefore, the Defendant’s liability shall be limited to 90% by taking into account the Plaintiff’s negligence into account 10%. [Grounds for recognition] The Plaintiff’s negligence is without dispute, the fact that there is no dispute,

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but 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, it is rejected that the parties' arguments are not stated separately.

The plaintiff's medical expenses include Hanyang University Hospital and D Hospital.

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