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(영문) 서울서부지방법원 2018.02.13 2016가단250079
손해배상(자)
Text

1. The defendant,

A. The Plaintiff KRW 43,418,989 as well as 5% per annum from December 2, 2014 to February 13, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B driven a bus around 23:22 on December 2, 2014, while driving a bus of C and driving a road of 85 roads in the city of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-do to a astronomical bank from the west bank to the west bank, turned down the surface, and concealed the back part of the Plaintiff’s D’s vehicle signaled in the front bank, and thereby, the Plaintiff suffered an injury, such as light salt, light signboard, and scopical heat, etc. (hereinafter “instant accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement for the instant accident bus.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 9, Eul 1 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiff for the damages incurred by the accident in this case as a mutual aid business operator of the bus in this case.

In regard to this, the defendant argued that even though the accident of this case was insignificant, the plaintiff's liability should be limited because the damage caused by the accident occurred due to the plaintiff's failure to wear the safety labelling at the time. However, it is insufficient to recognize that the statement of Eul No. 1 alone did not require the plaintiff to wear the safety labelling at the time of the accident as alleged by the defendant, and no other evidence exists

The defendant's assertion is not accepted.

2. Determination on the Plaintiff’s claim - In addition to the parts separately stated below the scope of the liability for damages, it shall be dismissed that the relevant items of the attached Form of the calculation of damages are the same as those of the parties’ claims.

In principle, the period for the convenience of the calculation shall be in the monthly unit, but the period of 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.

[Reasons for Recognition] Unsurged Facts, Gap 5 to 7.

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