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(영문) 서울중앙지방법원 2015.10.30 2015가단5109075
손해배상(자)
Text

1. The Defendant: KRW 35,024,00 for Plaintiff A; KRW 22,682,669 for Plaintiff B; KRW 18,682,669 for Plaintiff C; and KRW 18,682,669 for each of them.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D is a network H (hereinafter referred to as “the network”) crossing the road while driving a bus around 07:10 on January 26, 2015, driving the bus and driving the road in front of the restaurant “G” located in the “G” in the city of Jin-si from the direction-based side of the Mapo-ri.

1) The instant accident was shocked (hereinafter “instant accident”).

(2) On March 9, 2015, the Deceased was sent to the hospital and was treated as a multi-long-term functional unit, and died on March 9, 2015. (2) The Plaintiff is the deceased’s wife, and the Plaintiff B and C are the children of the deceased, and the Defendant is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with the bus.

[Ground for Recognition: Facts without dispute, Gap's 1 through 3, 6 evidence, purport of whole pleadings]

B. According to the facts of recognition of liability, D is liable for damages sustained by the deceased and the plaintiffs due to the instant accident, since D was driving without properly examining the front bank and the surrounding area and caused the death of the deceased.

C. However, the limitation of liability is limited to 80% of the Defendant’s liability in consideration of these circumstances, since the Deceased was negligent in crossing the road without permission.

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 current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

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

Personal information 1) Personal data: as stated in the column for the “basic matters” in the annexed sheet for calculation of damages: Income: The daily wage in rural communities, and the operating period 3) the operating period: 4 January 25, 2016, approximately one year after the date of the instant accident: Calculation of income 1/35: The amount of damages in the annexed sheet for calculation of damages.

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