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(영문) 서울서부지방법원 2014.08.21 2013가단25661
손해배상(자)
Text

1. The Defendant’s KRW 42,374,197 and its related KRW 5% per annum from November 11, 2012 to August 21, 2014 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The fact of recognition (1) around 18:30 on November 11, 2012, Nonparty B driven a C Tourist Bus and proceeded with a four-distance intersection of the 8-lane 4-distance intersection in the area of Sung-nam-si, Sejong-si, Young-gu, Samnam-si along the 3-lane of the 3-lane 4-lanes from the west-gu, Chungcheongnam-dong at the west-gu, Sejong-si, and went to the left by using one way among the three-lanes of the west-dong east-gu, the Plaintiff’s driver, who was normally going to the west-dong, in violation of the signal at the above intersection, by the negligence of the Plaintiff’s driver’s failure to turn to the left at the west-dong, the part of the driver’s driving in front of the Gyeong-dong, which was normally going to the west-

(2) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with respect to the bus.

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

C. The Defendant’s limitation of liability asserts that the Plaintiff was negligent in running a continuous driving in the Sh School respect and failing to wear a safety belt, but the evidence submitted by the Defendant alone is insufficient to recognize this.

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

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 same shall apply to the basic matters in the attached Form of damages calculation sheet.

(2) A report on the actual status of work by employment type issued by the Ministry of Employment and Labor in 2012.

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