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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Occurrence of liability for damages;
A. Facts of recognition 1) The defendant is the defendant B's city bus (hereinafter referred to as the defendant's vehicle)
2) On March 27, 2014, at around 21:25, 2014, C driving the Defendant’s vehicle, driving the front road of Gangdong-gu Seoul Metropolitan Government D along the central bus exclusive lane, which is one-lane of five-lanes from the distance from the tent to the street of the road. On the left side of the moving direction, C obtained the Plaintiff, who illegally cross the left side from the moving direction, as the right side of the Defendant’s vehicle, and sustained the injury, such as the two ducts of the two ducts, the strongs of the two ducts, and the vertical paralysis, etc.
(hereinafter referred to as the "accidents in this case"). 【No dispute exists, Gap evidence 1, 2, Eul evidence 1 (including partial numbers, hereinafter the same shall apply), 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. Violation C, which did not well look at the right and the right and the right of the limitation of liability, was not committed.
However, even though the location of the accident in this case is the five-lanes where the bus exclusive lanes are included, the defendant's responsibility is limited to 35% in consideration of the fact that the accident in this case occurred while the plaintiff crossings the above five-lanes road to the vehicle driving signal, in light of the shock side (the right side of the vehicle), it seems not easy for C to predict the plaintiff's unauthorized crossing, and most of the bus stops stops, but the plaintiff's liability is limited to 35% in consideration of the fact that the plaintiff stopped without permission.
(65% of the plaintiff's fault ratio). 2. Except as otherwise stated below the scope of liability for damages, the corresponding items of the attached Table of calculation of damages shall be the same as each corresponding item of the attached Table of calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than
The calculation of the current value at the time of the accident shall be based on the discount method that deducts the interim interest calculated at the rate of 5/12 per month.
In addition, the parties' arguments are separate.