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(영문) 서울중앙지방법원 2015.01.30 2013가단251021
손해배상(자)
Text

1. The Defendant’s KRW 59,124,804 as well as 5% per annum from May 24, 2012 to January 30, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 00 00:10 on May 24, 2012, B, the C Bus Co., Ltd. (hereinafter “Defendant Vehicle”) affiliated with a corporation for daily transportation (hereinafter “Defendant Vehicle”).

) While driving a vehicle and driving a two-lane road near Geumcheon-gu Seoul Metropolitan Government D and driving a two-lane road into the front direction of the city telephone station, it was negligent in neglecting the duty of front direction to turn back from the front distance to the front direction of the apartment, while neglecting the duty of front direction to turn back from the front distance to the front direction of the apartment, the above front direction of the crosswalk was over the Plaintiff’s outbreak, etc. leading the front direction of the vehicle to the right side on the left side of the front direction of the vehicle, and caused the Plaintiff to suffer injury, such as the pressure of the opening direction of the vehicle (hereinafter referred to as “instant accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole 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 of defendant vehicle.

C. The limitation of liability: (a) the Plaintiff, even at night, was erroneous in crossing the crosswalk on the road of four-lanes for pedestrian traffic at night; and (b) the Plaintiff’s error is deemed to have caused the occurrence of the instant accident and the expansion of damages; (c) therefore, the Defendant’s liability is limited to 45% by taking account of such error.

(55% of the plaintiff's fault ratio) 2. The same item shall be the same as the corresponding item of the attached Table of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 5 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.

Personal information on daily income: Attached Form 1.

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