2016 Ghana26531 Compensation (i.e., a person)

A person shall be appointed.

A person shall be appointed.

May 17, 2017

June 14, 2017

1. The Defendant shall pay to the Plaintiff 8 million won with 5% interest per annum from August 28, 2016 to June 14, 2017, and 15% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 65% is borne by the Plaintiff, and 35% by the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 2,50,000 won with 5% interest per annum from August 28, 2016 to the day the judgment of this case is rendered, and 15% interest per annum from the next day to the day of full payment.

1. Occurrence of liability for damages;

A. Facts of recognition

On August 28, 2016, 00: (a) around 05, C urban bus (hereinafter referred to as “instant bus”) was driven, and opened the entrance door behind the bus stop in order to stop at the bus stops ** in order to stop at the bus stops, the bus was stopped after the rapid stop, and the bus was stopped completely at the beginning of the stop. The Plaintiff reported that the front door was opened at the front door of the bus in order to get off the bus with passengers of this case.

At the same time, the bus has been driven, and the bus has completely stopped, has lost its center, has exceeded the bus floor, and has suffered from the pressure frame of scarcity 12 times (hereinafter referred to as the "accident in this case").

At the time of the occurrence of the instant accident, the accident was getting off.

The defendant is a mutual aid business operator who has entered into a mutual aid agreement for the bus of this case.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, and 3 evidence, Eul 1 evidence, the result of the verification by this court, the whole purport of the pleading

B. Determination

This case's bus driver, this case's bus driver, is likely to be flicked to the low-water bus floor at the time of the accident of this case. Thus, the bus is completely set off at the bus stops, and the entrance is opened at the bus stops, and the accident of this case occurred due to negligence of operating the bus by neglecting the duty of care to safely drive the bus so that it does not receive any injury.

was.

Therefore, the defendant is liable to compensate for damages suffered by the plaintiff as a mutual aid business operator of the bus of this case.

(2).

2. Limitation on liability for damages;

According to the aforementioned evidence, the Plaintiff is also guilty of having knicked and knicked the hand from the hand before the bus stops completely while the bus floor of this case was slicked.

In light of the Plaintiff’s negligence in calculating the amount of damages in this case, the Defendant’s liability is limited to 50% of the total amount of damages.

3. Scope of liability for damages

(a) Expenses for assistive devices;

Since the Plaintiff spent 80,00 won as the purchase cost of assistive devices (No. 7) and the Defendant’s payment

The amount is 40,000 won equivalent to 50%, one's own liability ratio.

However, the Defendant paid KRW 5,179,500 to the Plaintiff’s medical expenses (Evidence 2). Of the above medical expenses, the part corresponding to the Plaintiff’s negligence (50%) should be deducted from the amount of damages to be paid by the Defendant.

Therefore, if the Defendant deducts the Plaintiff from KRW 40,00 to KRW 2,589, and KRW 750 ( KRW -5, 179, 500 x 50%) the Defendant’s expense for auxiliary aids to be paid to the Plaintiff, there is no property damage compensation that the Defendant shall pay to the Plaintiff.

(b) Consolation money;

1) Reasons for taking account of the occurrence of the instant accident: Various circumstances shown in the pleadings of the instant case, including the details and result of the instant accident, the Plaintiff’s age, the degree and degree of injury, and the amount of medical expenses paid by the Defendant.

2) Amount recognized: 8 million won

4. Conclusion

The Defendant is obligated to pay the Plaintiff a solatium of KRW 8 million and the amount of annual damages calculated by the rate of 5% per annum under the Civil Act from August 28, 2016, which is the date of the instant accident, to June 14, 2017, which is the date of the instant judgment, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until the date of full payment on the next day.

Judges Yu Jae-in