beta
Text
1. The Defendant’s KRW 71,348,243 as well as the Plaintiff’s KRW 5% per annum from October 5, 2014 to October 25, 2018.
Reasons
1. Occurrence of liability for damages;
A. On October 5, 2014, B: (a) around 13:50 on October 13, 2014, B driven a C bus and proceeded with the Plaintiff without permission by passing through a central separation line cut to the right side from the left side of the course of the course while driving at the 142-west-gu Incheon Metropolitan City, Yongsan-gu, Incheon Metropolitan City at the 142-west village village 310 roads in the front of the 142-west village 310 roads in the front of the 142-west village at the 4nd village village 14th square village; and (b) the Plaintiff suffered an injury, such as a duplic w, etc. (hereinafter referred to as “the instant accident”).
(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement for the instant accident bus.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
B. According to the recognition of liability and the recognition of the above limitation, the defendant is liable to compensate for the damage suffered by the plaintiff due to the accident in this case as a mutual aid business operator for the bus in this case.
However, as the Plaintiff was negligent in crossinging a road without a crosswalk, and such negligence is also recognized as the cause of the occurrence of the instant accident and the expansion of damages, the Defendant’s liability is limited to 70% in consideration of the following: (a) the Plaintiff is under the age of 13 at the time of the instant accident; (b) the central separation cost of the location of the instant accident was lowered; and (c) it appears that there were many people who cross the ordinary road without permission using it, the Defendant’s liability is limited to 70%.
2. In addition to the parts stated below within the scope of liability for damages, each of the corresponding items in the annexed Schedule of Calculation of Compensation, and the period for the convenience of calculation, in principle, shall be monthly, but less than the last month and less than KRW 1,00 shall be discarded.
The present value calculation at the time of the accident shall be an intermediate interest rate of 5/12 per month.