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(영문) 서울북부지방법원 2018.05.30 2018나13
손해배상
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Facts of recognition;

A. On September 19, 2016, at around 12:50, the Plaintiff was seated on the passage side of the urban bus No. 146, which was around 12:50, the Seoul Gwangjin-gu, Seoul. However, while the Defendant aboard the bus was waiting to sit on the window side of the Plaintiff, the Plaintiff’s head was shocked on the above bank while the Defendant was waiting to sit on the door side of the Plaintiff.

(hereinafter referred to as “instant accident”) B.

On September 23, 2016, the Plaintiff visited the C Hospital in the Jung-gu Seoul Metropolitan Government, filed a complaint, and taken brain CT. The Plaintiff was diagnosed by the doctor as having received a diagnosis of brain-dead in need of stability for two weeks. On October 25, 2016, the Plaintiff implemented the cerebrI test at the above hospital to “no special opinion other than the opinion of brain-dead.”

C. The Defendant’s negligence on March 31, 2017 set forth above A.

The above summary order was issued on May 16, 2017 with the Seoul Eastern District Court Decision 2017Da1456, and the above summary order became final and conclusive on May 16, 2017.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1 through 3, 11, 12, 14, 15, 20, and the purport of the whole pleadings

2. The Plaintiff suffered injury to the brain dead due to the instant accident caused by the Defendant’s intentional or negligent act by the Plaintiff’s assertion, and as a result, the Plaintiff was liable to pay the Plaintiff KRW 15,000,000 and damages for delay to the amount of KRW 1,00,000 for lost profit due to the loss of labor capacity, and KRW 1,00,000 for lost profit due to the loss of labor capacity.

3. Determination

A. According to the evidence and the purport of the entire pleadings as seen earlier prior to the occurrence of liability for damages and the limitation of liability, the defendant can recognize the fact that the defendant caused the instant accident by negligence and caused injury to the plaintiff.

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