(영문) 서울서부지방법원 2015.05.28 2014가단21932

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Reasons

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(영문) 서울서부지방법원 2015.05.28 2014가단21932

손해배상(자)

Text

1. The Defendant’s KRW 19,069,516 as well as the Plaintiff’s KRW 5% per annum from April 13, 2013 to May 28, 2015.

Reasons

1. Occurrence of liability for damages;

A. The grounds for responsibility (1) Nonparty B, while driving a C Bus around 18:00 on April 13, 2013 and driving three-lanes of the four-lanes in front of the bus stop in Young-dong Highway at the front of the bus stop at the front of the vehicle stop, was in a temporary stop. Thus, Nonparty B neglected to drive the vehicle at the speed of the vehicle while driving at the speed of the vehicle, and caused the Plaintiff, who was on the said vehicle at the front of the bus, to suffer injury, such as the 4-5 speed escape signboards, etc. due to its shock, on the ground that Nonparty D’s vehicle was in a temporary stop.

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

[Grounds for recognition] The descriptions of evidence Nos. 1 and 3, and the purport of the whole pleadings

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 failing to wear the safety labelling at the time of the instant accident, but there is no evidence to acknowledge this, and the Defendant’s above assertion is rejected.

2. In addition to the separate statements below the scope of the liability for damages, it shall be calculated at present in accordance with the calculation method of the attached amount of damages, as shown in the separate statement of the calculation method of damages (in accordance with the calculation method of heading that deducts interim interest at the rate of 5/12 per month as simple interest, and in principle the period for the convenience of calculation shall be calculated on a monthly basis, but the period below monthly shall be included on the side where the amount is small, but less than the cost and less than the last month shall be included), and it shall be rejected that the parties

(1) Personal information: The term "basic matters" in the attached Form of damages calculation sheet.

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