(영문) 서울중앙지방법원 2020.11.27 2018가단5246692

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(영문) 서울중앙지방법원 2020.11.27 2018가단5246692

손해배상(자)

Text

1. The Defendant’s KRW 188,851,804 as well as 5% per annum from February 18, 2015 to November 27, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) The Defendant’s bus C (hereinafter “Defendant’s vehicle”)

D) On February 18, 2015, around 01:50, around 01:0 on February 18, 2015, the 11-lane road front of the bus stops E in Sungnam-gu, Sungnam-si was driving ahead of the 11-lane road from the Seoul Coast Guard to the five-lane road from the 6-lane road, and the plaintiff crossing the plaintiff to the right side from the left side of the proceeding direction was shocked into the front part of the vehicle.

(hereinafter referred to as “instant accident”). (3) The Plaintiff suffered injury due to an accident, such as blood transfusions, ductal ducts, etc. (based on recognition), without dispute (based on recognition), the Plaintiff’s entries and videos in Gap’s evidence 1, 2, and Eul’s evidence 1 (including where there is a serial number; hereinafter the same shall apply).

- The purport of the whole pleadings

B. The Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as a mutual aid business operator of the vehicle, since the Plaintiff sustained an injury due to the operation of the Defendant vehicle to recognize liability.

C. The Plaintiff’s limitation of liability crosses the road set up in the median line without considering the surrounding vehicle at night. Since the Plaintiff’s fault contributed to the occurrence of accidents and the expansion of damages, it shall be considered in calculating the amount of damages to be compensated by the Defendant.

The defendant's liability is limited to 60% of the defendant's liability by considering all circumstances concerning the accident circumstances, such as the fact that there was no circumstance that the defendant's vehicle could not find the appearance of the plaintiff crossing due to the walk.

2. In addition to the matters stated below within the scope of liability for damages, the annexed sheet of liability for damages shall be as follows.

The period for the convenience of calculation shall be calculated on a monthly basis, and where there is a day on which statistical income is changed during the monthly unit period, statistical income during the forward period shall be applied, and the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident is based on the rate of 5/12 per month.

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