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(영문) 서울중앙지방법원 2019.04.24 2017가단5090526
손해배상(자)
Text

1. The Defendant: (a) KRW 28,414,93; (b) KRW 500,000 to Plaintiff A; and (c) each of the said money, from April 1, 2016 to April 1, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) D driving a bus (hereinafter “Defendant vehicle”) around 18:50 on April 1, 2016, while driving the bus and driving on the road in front of the F in the two weeks at both sides, D was crypted to the roadway, and the Plaintiff, who was a passenger on the Defendant vehicle, was on board the Defendant vehicle, was allowed to go beyond the Defendant vehicle, and thereby, caused the Plaintiff A to suffer injury, such as a warning signboard escape certificate, etc.

(hereinafter “instant accident”). (2) Plaintiff B is Plaintiff A’s child, and the Defendant is an insurer who has entered into a mutual aid agreement with the Defendant’s vehicle.

[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1-7, Eul evidence Nos. 2 and 3 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. However, the limitation of liability is limited to the Plaintiff’s passengers on board the bus, who failed to maintain a good knife and maintain a balance of their body at all times in preparation for a sudden operation or accident, and such negligence is deemed to have caused the expansion of the damages in this case. Therefore, the Defendant’s liability is limited to 90% in consideration of this.

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 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.

(1) Personal information: The amount of damages shall be as stated in the column for “basic matters” in the attached Form.

(2) Income, urban daily wage (3) later disability and disability.

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