(영문) 대구지방법원 2016.02.05 2015가단9537

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(영문) 대구지방법원 2016.02.05 2015가단9537

손해배상(자)

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1. The Defendant’s KRW 23,208,228 as well as the Plaintiff’s KRW 5% per annum from December 31, 2013 to February 5, 2016.

Reasons

1. Occurrence of liability for damages;

A. On December 31, 2013, at around 22:00, the Plaintiff (B) started up immediately after he was boarding a D bus owned by the Namdo bus Co., Ltd. in front of the Daegu Jung-gu C center, Daegu-gu, Seoul-gu, and began up with the said bus on a full scale, without holding any hand-off on the bus inside the bus, and completed an account in front of a charge terminal, and incurred a sudden stoping the left-hand side by getting over the floor of the bus with the speed of the bus going up to the front door, to go up with the empty seat (hereinafter “instant accident”) and the instant bus.

2) The Defendant is a mutual aid business operator who entered into an automobile mutual aid contract with another bus company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, and the result of the court's Cdi-verification

B. According to the facts of recognition of the liability, the driver of the bus of this case did not start the bus until it takes measures to ensure the seat or the safety of the empty seat or operated slowly, which caused the accident of this case by negligence in violation of the obligation to protect the passengers.

Therefore, the defendant is liable to compensate for the damage suffered by the plaintiff as a mutual aid business operator of the bus of this case.

C. Although the Plaintiff should have moved with the loss in the bus, the Plaintiff was negligent in doing so and caused the instant accident. The Plaintiff’s negligence was also the cause of the instant accident.

Therefore, the defendant's liability is limited to 80% by taking into account the calculation of the amount of damages to be paid by the defendant.

2. In principle, the period of calculating the scope of compensation for damage shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;

The current value of the damages at the time of the accident shall be calculated at the rate of 5/12 per month.

유사 판례

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