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(영문) 서울서부지방법원 2015.05.28 2013가단31314
손해배상(자)
Text

1. The Defendant’s KRW 35,864,486 as well as 5% per annum from April 19, 201 to May 28, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The grounds for liability (1) Nonparty B operated a C bus around 14:00 on April 19, 201, and neglected his/her duty of care while taking passengers on board at the bus bus stops in the Dacheon-si, Leecheon-si, Seoul, as well as due care while neglecting his/her duty of care; and Nonparty B neglected the Plaintiff’s left-hand bridge on which the bus was installed to board the bus at the bend right of the bus at the bend right of the bus, thereby causing injury to the Plaintiff, such as pressure, collapse, damage, etc. on the part of the back wheels of the bus.

(2) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with respect to the bus.

[Ground of Recognition: Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 4 through 7 (including branch numbers, if any) and the purport of the whole pleadings]

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

C. However, the limitation of liability is limited to 80% of the defendant's liability, since the plaintiff also entered the roadway and put up the bus on the roadway, although the bus had already started with passengers on board, and the accident in this case occurred.

2. In addition to the separate statements below the scope of the liability for damages, the calculation shall be made in accordance with the calculation method of the attached amount of damages as shown in the separate statement of calculation of damages (the interim interest at the rate of 5/12 per month shall be calculated at present in accordance with the calculation method, which deducts the interim interest at the rate of 5/12 per month, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but the less than a month shall be included on the side where the amount is less than a month and less than a month is less

The lost income:0 won (1) personal information: The same shall apply to the entry in the column of "basic matters" in the attached Form of damages calculation sheet.

(2) At the time of the instant accident, the Plaintiff was engaged in daily income of KRW 30-40,000,000 per month, and thus, the Plaintiff was entitled to receive the income of KRW 30-4 million per month.

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