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(영문) 서울중앙지방법원 2018.10.26 2018가단5011773
손해배상(자)
Text

1. The Defendant’s KRW 50,614,240 as well as the Plaintiff’s annual rate from October 14, 2016 to October 26, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are as follows: (a) C bus around October 14, 2016 (hereinafter “Defendant bus”); (b) around October 11:02, 2016:

) While the Plaintiff was standing in order to get passengers aboard at the bus stops located in Jongno-gu Seoul Metropolitan Government due to the promotion of Jongno-gu, Jongno-gu, Seoul, while driving the entrance, the Plaintiff’s right bridge of the Plaintiff’s right bridge is linked to the wheels of the Plaintiff, and was injured by the Plaintiff, such as the fall off the front bus, etc. (hereinafter “instant accident”).

(2) The Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with respect to Defendant buses.

B. According to the above facts of recognition 1, the defendant, who is a mutual aid business operator, is liable to compensate the plaintiff for the damages caused by the accident of this case. 2) The defendant asserts that the defendant should limit the defendant's liability by taking into account the above facts, since the defendant was erroneous in trying to board the defendant bus unreasonably.

It is insufficient to recognize that the Plaintiff neglected his duty of care in the course of boarding the Defendant bus only with the images and descriptions of the evidence Nos. 2 and 3, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 evidence, purport of whole pleadings

2. The scope of 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.

[Reasons for Recognition] Unsatisfy, Gap evidence 7, 8, and each request for physical examination to the director of the Ansan Hospital at the Korea National University, the purport of the whole pleadings

A. The part and degree of the injury suffered by the Plaintiff due to the accident in the instant case of the king Ho-gu.

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