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(영문) 서울서부지방법원 2017.03.28 2016가단218815
손해배상(자)
Text

1. The Defendant’s KRW 6,221,431 as well as the Plaintiff’s KRW 5% per annum from October 18, 2014 to March 28, 2017.

Reasons

1. Occurrence of liability for damages;

A. B, around 10:00 on October 18, 2014, while driving a C chartered bus, and entering the Young-dong Highway as the rest area for the E-Road Habing at the Hab-dong Highway. As a result, the Plaintiff, who was in the rear seat of the driver’s seat, was injured by the closure frame of the upper part of the said vehicle’s floor, and suffered from the injury, such as the pleladum pel and the pledum dume dum

(hereinafter “instant accident”). The Defendant is an insurer who has entered into a mutual aid agreement on the said vehicle.

According to the above facts, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident of this case, unless there are special circumstances.

B. Limit of liability, however, there is negligence on the part of the Plaintiff without wearing the safety labelling at the time of the instant accident, and thus, the Defendant’s liability is limited to 85% in consideration of such circumstances.

[Ground of recognition] Facts without dispute, Gap 1, Eul 1, and the purport of the whole pleadings

2. It shall be the same as each corresponding item in the table for calculating the amount of damage compensation in addition to the matters stated separately below the scope of damage compensation.

(Calculation convenience period shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded, and the present price at the time of the accident shall be calculated on a simple discount method which deducts intermediary interest at the rate of 5/12 per month, and it shall be excluded if the parties' arguments are not separately explained).

1) Gender and age 1) Gender and female: The actual income of the Plaintiff, who operates an insurance agency, claims monthly income of KRW 1,907,092 (daily 86,686 won per day x 22 days) based on the urban daily wage (unit wage) in the second half of the year 2014. Thus, if objective data that can determine the actual income at the time of the accident are discovered and it is possible to calculate the actual income that can be reasonably and objectively assessed accordingly, the actual income at the time of the accident is based on the actual income.

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