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(영문) 대구지방법원 2019.09.25 2018나313009
손해배상(자)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 329,211,551 and KRW 290,116,455 among them.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is the E-city bus owned by D Co., Ltd. (hereinafter “instant bus”) around August 16, 2015, around 19:34.

(2) At the time, the Plaintiff driven a bicycle and proceeded with the above bicycle on the side of the old rearrangement distance from the direction of the old rearrangement, while driving the G Pohang-do road in the south-gu F at the time of port. (2) At the time, the Plaintiff driven the bicycle and driving it on the side of the bus of this case; (3) while passing the bicycle, C had the left part of the bicycle's hand hand on the right side of the bus of this case, and accordingly, the Plaintiff suffered serious injury, such as the two dukes and the two dukes, due to which the Plaintiff exceeded the road.

(3) The Plaintiff driven a bicycle under the influence of alcohol at the time of the instant accident, and did not wear a safety cap. 4) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to the instant bus.

[Reasons for Recognition: Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 (including each number; hereinafter the same shall apply)

(2) each entry or video, the purport of the entire pleadings

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator.

C. Limiting liability: (a) the Plaintiff, even under the influence of alcohol, was erroneous in driving a bicycle and failing to wear a safety cap.

The plaintiff's mistake contributed to the occurrence of the accident of this case and the expansion of damages, and in consideration of these circumstances, the defendant's responsibility is limited to 85%.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation 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.

b.the Parties;

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