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(영문) 서울중앙지방법원 2019.02.01 2018가단5173787
손해배상(자)
Text

1. The Defendant: 5% per annum from July 3, 2018 to February 1, 2019, respectively, to the Plaintiffs, as well as KRW 135,217,554.

Reasons

1. Occurrence of liability for damages;

A. 1) D is an E bus around 01:00 on July 3, 2018 (hereinafter “Defendant bus”).

) During the course of the operation of a road in front of the sports complex in front of the sports complex in front of the 396-gu square village while driving along the vehicle straight signal from the sloping Sports Park, F, who was crossing the crosswalk without permission on the pedestrian red signal from the left side of the Defendant bus to the right side of the vehicle straight signal, was shocked by the front of the left side of the Defendant bus (hereinafter “instant accident”).

(2) Following the instant accident, F died on July 10, 2018.

(hereinafter referred to as “F”. 3) Plaintiff A is the father of the Deceased, Plaintiff B is the mother of the Deceased, and the Defendant is the mutual aid business operator who entered into a mutual aid agreement with the Defendant bus. 【No dispute exists as to the ground for recognition. 【In the absence of any dispute, Party A’s entries, images, and the purport of the entire pleadings, including all family cards attached with a serial number, and the entire purport of the pleadings.

B. According to the fact of recognition of liability, as the deceased died due to the operation of the Defendant bus, the Defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the instant accident as a mutual aid business operator of the Defendant bus, barring special circumstances.

C. The Deceased subject to limitation of liability is erroneous in crossing a crosswalk without permission in violation of pedestrian red signal, and thus, the Defendant’s fault should be considered in calculating the amount of damages that the Deceased would compensate. However, in light of the aforementioned circumstances, the Deceased’s fault shall be 60%, and the Defendant’s liability shall be limited to 40%.

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 amount of damages at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 per month.

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