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(영문) 서울동부지방법원 2019.03.22 2017가단102694
손해배상(자)
Text

1. The defendant is 32,978,026 won for plaintiff A, 500,000 won for plaintiff B and C, and 200,000 won for plaintiff D respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition are as follows: (a) Nonparty F driven a H chartered bus (hereinafter “instant bus”) on the two-lanes of the national highway No. 7 in front of G apartment in the East Sea at around 13:30 on October 11, 2012, when Nonparty F was driving on the two-lanes of the national highway No. 7 in front of G apartment in the East Sea (hereinafter “instant bus”); (b) he was boarding the instant bus at the time of the instant bus, which is a high school student; (c) Plaintiff B and C are the parents of the Plaintiff; (d) Plaintiff D is the partner of the Plaintiff; and (c) the fact that the Defendant entered into a mutual aid agreement with respect to each of the aforementioned chartered buses is either disputed between the parties, or is recognized by considering the overall purport of pleadings as stated in the evidence No. 1, 2, and 1.

B. According to the facts of recognition of the liability, F, as the driver of the bus of this case, has violated the duty of care to immediately refrain from the accident, by maintaining the appropriate between the chartered bus and the preceding bus, and thoroughly operating the chartered bus when necessary. Such mistake was the cause of the accident and the damage in this case.

Therefore, the defendant, who is a mutual aid business for the bus of this case, is liable to compensate the damages suffered by the plaintiffs due to the accident of this case.

2. Scope of liability for damages

A. Damage of Plaintiff A’s lost income equivalent to the monetary total appraised value of Plaintiff A’s lost ability to operate due to the instant accident is the amount calculated at the present price at the time of the instant accident according to the discount method that deducts intermediary interest at the rate of 5/12 per month based on the facts and assessment as follows:

1) Gender: Gender of female age: An ordinary person whose unit wage column is written in the table below the monetary assessment of operating capacity for up to 68.53 years from the date of the accident, 16 years old and 8 months old at the time of the accident due to J:

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