(영문) 서울중앙지방법원 2017.10.13 2016가단5091409

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(영문) 서울중앙지방법원 2017.10.13 2016가단5091409

손해배상(자)

Text

1. The Defendant’s KRW 62,066,857 as well as the Plaintiff’s KRW 5% per annum from August 10, 2015 to October 13, 2017.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a bus C around 07:57 August 10, 2015 (hereinafter “Defendant vehicle”).

(B) The Plaintiff’s body part, which was lying on the right side of the Defendant’s vehicle, she stopped at D bus stops in the front and left side of the vehicle while stopping at D bus stops in the front and left side of the vehicle. The Plaintiff’s body part, which was lying on the front side of the Defendant’s vehicle, was shocked into the front part of the Defendant’s vehicle’s right side (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as a pelpel, pelpel, pelpel, gale, gale, gale, etc., which are not upper to the right pelvis.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the Defendant’s vehicle. According to the fact of recognition of liability, the Defendant is liable for damages suffered by the Plaintiff as a mutual aid business entity for the Defendant’s vehicle. (c) The limitation of liability does not walk to the boundary fence for the sidewalk installed for the safety of pedestrians, and the Defendant’s vehicle is placed on the front right side of the Defendant’s vehicle, and the accident in this case was faced to the Indian boundary outside the delivery boundary fence, while the vehicle stops in close vicinity to the Indian boundary. Such negligence contributed to the accident in this case, and thus, it shall be considered in calculating the amount of damages. Such negligence of the Plaintiff shall be considered as 30% in light of the various circumstances shown in the oral argument, and the Defendant’s liability shall be limited to 70% in consideration of the Plaintiff’s rate of negligence as 30% in the calculation of damages. [Grounds] There is no dispute, Gap’s evidence No. 1-3 (including the serial number,

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 current value of damages at the time of the accident shall be calculated.

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