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(영문) 서울중앙지방법원 2017.12.22 2015가단5118802
손해배상(자)
Text

1. The Defendant’s KRW 39,754,151 as well as the Plaintiff’s annual rate from April 2, 2013 to December 22, 2017.

Reasons

1. Occurrence of liability for damages;

A. On March 31, 2013, B: (a) C bus around 20:05 on March 31, 2013 (hereinafter “Defendant vehicle”).

) On the side, while boarding the Plaintiff and driving at a point 173.2 km away from the Daejeon-Border Highway, the bus stopped on the side (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury to the noise of the conical signboard between the 5-6st century.

3) The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with the defendant vehicle. The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement for the defendant vehicle. The fact that there is no dispute over the grounds for recognition

B. According to the above fact of recognition of liability, the plaintiff sustained an injury due to the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as the mutual aid business operator of the defendant vehicle.

C. The Defendant asserts that since the Plaintiff did not wear the safety labelling at the time of the instant accident, it should be taken into account in calculating the amount of damages that the Defendant should compensate for. However, there is no evidence to deem that the Plaintiff did not wear the safety labelling at the time of the instant accident, the Defendant’s assertion on this part is without merit.

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.

【Ground of recognition” has no dispute, Gap evidence 6-1 to 12, Gap evidence 8-1 to 5, and this court's case's case's case's case's case's case.

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