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(영문) 서울서부지방법원 2015.05.14 2014나32728
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Occurrence of liability for damages;

A. On November 11, 2012, 18:30 on the basis of the facts (1) B: (a) driven a C Tourist Bus and proceeded along one lane between the 8-lane 4-distance intersection of the robot village in the area of Sejong-gu, Sejong-si, Samnam-si, with the 3-lane 4-distance intersection from the west-gu, Sejong-si, the area of the Plaintiff’s driver’s front-hand part of the Plaintiff’s driver’s Do-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-con-

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

[Ground for Recognition: Facts without dispute, Gap evidence 3, 4, Eul evidence 1 (including paper numbers; hereinafter the same shall apply)

(i)each description, the whole purport of the pleading

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. The defendant asserts that there was negligence by the plaintiff's failure to drive a motor vehicle in the presence of a school and to wear a safety belt, but the evidence submitted by the defendant alone is insufficient to recognize the limitation of liability, and there is no other evidence to acknowledge it.

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 is rejected that the parties' arguments are not stated separately.

(1) Personal information: The same shall apply to the basic matters in the attached Form of damages calculation sheet.

(2) occupation and income taxi drivers;

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