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(영문) 서울중앙지방법원 2017.11.23 2015가단5258748
손해배상(자)
Text

1. The Defendant’s KRW 28,071,720 for the Plaintiff and 5% per annum from July 19, 2013 to November 23, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B driven a bus C (hereinafter “Defendant vehicle”) around 21:55 on July 19, 2013, and turned to the left-hand turn in order for the Plaintiff to turn to the right-hand left-hand turn, while driving a two-lane of the two-lanes in front of the notice of the bus bus sent back in the city of Sungnam-gu, Sungnam-nam-si, the Plaintiff, who walked to the pedestrian color signal from the left-hand side of the running direction of the Defendant vehicle without permission on the side of the vehicle, was shocked into the part of the Defendant vehicle driving seat.

(2) The Plaintiff suffered injury, such as cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral.

(3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement for the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Gap 9, 10 evidence, Eul 2 evidence or video (including branch numbers; hereinafter the same shall apply), the purport of 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 of this case as a mutual aid business operator of defendant vehicle.

C. Limit of liability, however, under the influence of alcohol (see evidence A8-3), the Plaintiff’s fault in walking the crosswalk on the pedestrian red signal is deemed to have caused the occurrence of an accident and the expansion of damage. Therefore, the Defendant’s responsibility is limited to 45%.

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the liability 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] Facts without dispute, Gap's evidence, Eul's evidence, Eul's evidence, Eul's evidence, and Eul's evidence.

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