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(영문) 서울중앙지방법원 2016.01.12 2014가단61348
손해배상(자)
Text

1. The Defendant: (a) to Plaintiff A, KRW 207,655,169; and (b) to Plaintiff B, KRW 5,00,000; and (c) to Plaintiff C, KRW 1,00,000; and (d) to each of the said money.

Reasons

1. Occurrence of liability for damages;

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

2) On April 30, 2013, F was driving the Defendant bus and stopping at the bus stops at the bus stops in the building stops in the agricultural and fishing village located in the Guang-si, Goang-si on April 30, 2013, and the Plaintiff A, who is a passenger, was set off in the back door.

At this time, F, starting from the defendant bus again, the left side of the plaintiff A fells into the door of the defendant bus even, and the rear wheels of the defendant bus served as the half of the plaintiff A.

(hereinafter “instant accident”) due to the instant accident, the Plaintiff A suffered from the wounds of the pelvise, etc. (hereinafter “the instant accident”). Plaintiff B’s spouse, Plaintiff C(GGGGG) is the father of Plaintiff A.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 14, the purport of the whole pleadings]

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiff A, etc. due to the accident of this case as an insurer.

C. As to the background leading up to the limitation of liability, Plaintiff A asserted that the door close and left bridge was left, while getting down with the back bet, and the Defendant asserted that there was a high possibility that Plaintiff A attempted to leave the bus stairs in an unreasonable manner due to the lack of proper marking of transportation cards.

Although the error of F, which did not safely get off passengers, is large, the Plaintiff also erred in failing to properly observe its safety while getting off the bus, and as such error was caused by the instant accident and the expansion of damage, the Defendant’s liability is limited to 80%.

(2) Except as otherwise stated below within the scope of liability for damages, it is identical to each corresponding item of the attached Table of the calculation of damages, and 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 20.

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