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(영문) 서울중앙지방법원 2015.02.10 2014가단5206924
손해배상(자)
Text

1. The Defendant’s each of the Plaintiffs’ KRW 52,389,381 as well as 5% per annum from February 11, 2014 to February 10, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are as follows: (a) D urban buses around 10:37 on February 11, 2014 (hereinafter “Defendant vehicle”).

) By negligence, while driving a vehicle and driving a vehicle in front of the F in Seocheon-gu, Seocheon-gu E, Seocheon-si, by neglecting the duty of Jeonju-si in front of the road in front of the road in front of the direction of the road in front of the direction of the city in front of the city in front of the direction of the city in front of the night. G (hereinafter “the network”).

(1) The Deceased caused the Deceased’s death from her face to her front part of the Defendant’s vehicle (hereinafter “instant accident”) with the right wheels to the right part of the Defendant’s vehicle (hereinafter “instant accident”).

(2) The Plaintiffs are children of the Deceased, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6 through 8, 10, Eul evidence Nos. 1, 3 and 4 (including provisional numbers) and the purport of the whole pleadings

B. According to the fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their bereaved family members, as mutual aid business operators of the defendant vehicle.

C. However, the limitation of liability is limited to 50% of the Defendant’s liability, as it appears that the Deceased was negligent in crossing the Aarg and the road without permission on the alleyway without confirming whether the vehicle is being driven by the Deceased, and that such negligence contributed to the occurrence of the instant accident and the expansion of damages.

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 should be rejected that the parties' arguments are not stated separately.

Personal information on lost income: The amount of damages in attached Form 1.

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