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(영문) 서울중앙지방법원 2015.11.24 2014가단5301195
손해배상(자)
Text

1. The Defendant: (a) KRW 166,44,226 to Plaintiff A, KRW 163,74,226 to Plaintiff B, and KRW 3,00,000 to Plaintiff C and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant is D urban bus (hereinafter “Defendant bus”)

(2) On June 19, 2014, E, as follows, was driven by Defendant bus at a speed of 60km/h Kimpo-si in the speed of 11:35 km on June 19, 2014, while driving the front port distance from Defendant bus at the speed of 21:30 km/h, bypassing the front port from Pung-dong at the speed of 21 to 30 km, and received as the front part of Defendant bus the F, which was fast up with the left side from the right side of the way.

(hereinafter “instant accident”). At the time, E, without reducing the speed, entered a crosswalk and used F, was in excess of the front door of Defendant bus with the wheels, resulting in the death on the spot.

(hereinafter referred to as “the deceased”). Plaintiff A and B are the parents of the deceased, and Plaintiff C are the births of the deceased. [The grounds for recognition: Facts that there is no dispute, Gap’s evidence Nos. 1, 2, 3, and 5, Eul evidence No. 1, and the purport of the entire pleadings.

B. According to the above recognition of liability, the defendant is liable to compensate for the damage suffered by the deceased, etc. due to the accident in this case as a mutual aid business operator.

C. Prior to the limitation of liability, the Deceased did not exercise due care to Defendant bus entering the crosswalk as soon as he was immediately set up in the circumstances leading up to the accident, prior to the limitation of liability. Since such error was caused by the instant accident and the expansion of damages, the Defendant’s liability is limited to 90%.

(10%) 2. In addition to the items separately described below within the scope of liability for damages, the period for the convenience of calculation shall be calculated on a monthly basis in principle, 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 discount method that deducts the interim interest calculated at the rate of 5/12 per month.

In addition, the parties' arguments are not stated separately.

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