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(영문) 서울중앙지방법원 2019.11.27 2017가단5160968
손해배상(자)
Text

1. The defendant shall pay to the plaintiff KRW 37,00,000 as well as 5% per annum from January 19, 2017 to November 27, 2019, and the next day.

Reasons

1. Occurrence of liability for damages;

A. 1) The fact of recognition that C is a D bus on January 19, 2017 (hereinafter “Defendant bus”)

(ii) while driving the vehicle, the vehicle stopped at the bus stops in the front of the bus stops in the Hanyang-gu E-U.S., but the entrance was left without completely closing, and the Plaintiff boarding was at the center and became the left wheel of the bus after going beyond the road (hereinafter referred to as the “instant accident”).

(2) The Plaintiff suffered injury, such as damage to the pressure trags on the left side due to the instant accident, dives of divesium, and dives of external reproduction.

3) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle. According to the fact of recognition of liability, the Plaintiff was injured due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident as a mutual aid business entity for the Defendant’s vehicle. However, the limitation of liability is limited in consideration of the circumstances, such as the Plaintiff’s body and the fact that the Plaintiff came up to the right side of the bus and came to go beyond the surface due to the wind going up to the extension of the passenger’s body from the bus stop to the right side of the bus, barring any special circumstance. However, the Defendant’s liability ratio is limited to 50% in consideration of the following: (a) there is no dispute over the grounds for recognition; (b) there is no statement and images of evidence No. 1, No. 2, No. 3, and No. 1; and

2. Except as otherwise stated below within the scope of liability for damages, each item of the [attached Form] damages calculation table shall be the same as the corresponding item, and the convenience period shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

【Ground for Recognition】 without any dispute, A1-6 evidence, B1.

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