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(영문) 서울중앙지방법원 2020.01.17 2018가단5279296
손해배상(자)
Text

1. The Defendant’s KRW 13,120,80 with respect to the Plaintiff and KRW 5% per annum from April 7, 2017 to January 17, 2020.

Reasons

1. Occurrence of liability for damages;

A. 1) C is the EF bus owned by D around April 19:30, 2017 (hereinafter “Defendant vehicle”).

) While driving a vehicle and driving the vehicle at the front of the direction of the vehicle, which was stopped by the vehicle at the vehicle at the front of the direction while driving the vehicle at the front of the direction of the vehicle, the vehicle was cut down by the front part of the Defendant vehicle (hereinafter referred to as “instant accident”).

). 이로 인하여 피고 차량의 앞문 쪽 제일 앞좌석에 앉아있던 원고의 상체가 앞으로 살짝 튕겨져 나갔다가 되돌아오면서 원고의 어깨 부분이 좌석에 부딪혀 원고는 경추 및 요추의 염좌와 긴장 등의 상해를 입었다. 2) 피고는 피고 차량에 관하여 자동차공제계약을 체결한 공제계약자이다.

[Ground of recognition] Facts without dispute, Gap evidence 5, 6, 9, Eul evidence 1, the purport of the whole pleadings

B. According to the facts of 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 of defendant vehicle.

C. The limitation of liability, however, according to the above evidence, the plaintiff is recognized that the defendant's vehicle has a seat without wearing the safety bell although it was installed, and the plaintiff is seated in the seat without wearing the safety bell at the time of the accident in this case. In order to get it down, the body of other passengers is lower than that of other passengers in the future. (No other person than the plaintiff exists) In addition, the plaintiff is deemed to have a negligence of failing to wear the safety bell and violating the duty of care as above, and the plaintiff's negligence is deemed to have contributed to the occurrence and expansion of damage caused by the accident in this case. Therefore, the defendant's liability is limited to 90% by taking this into account.

2. The following shall be stated separately below the scope of the liability for damages.

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