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1. The Defendant’s KRW 1,594,544 as well as the Plaintiff’s annual rate from May 25, 2017 to December 14, 2018.
Reasons
1. Occurrence of liability for damages;
A. 1) On May 24, 2017, the number of drivers affiliated with B is as follows: (a) a bus from a private distance located in 50, 16:00 Sungnam-si, Sungnam-si, Seoul-ro (hereinafter “Defendant bus”).
) In the event that a vehicle for road driving practice, which was operated forward of the route of the bus, has not been stopped and was received behind the said vehicle (hereinafter “instant accident”).
2) The Plaintiff, while guiding students on board the above training vehicle, suffered from the injury of climatic salt, etc. due to the instant accident.
3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the Defendant’s vehicle. According to the fact of recognition of liability, the Plaintiff was injured due to the operation of the Defendant bus, barring any special circumstance, the Defendant is liable to compensate for the Plaintiff’s damage caused by the instant accident, as a mutual aid business entity of the Defendant vehicle. (c) The Plaintiff’s limitation of liability was erroneous in failing to properly guide the students, thereby stopping the practice vehicle from the temporary distance. Such errors were considered as having contributed considerable to the occurrence of the instant accident and the expansion of damage, but the Defendant’s liability is limited to 80% by deeming the Plaintiff’s negligence as 20% in light of various circumstances revealed in the pleading. [In the absence of any dispute over recognition, evidence Nos. 1 through 4, and the purport of the entire pleadings.
2. Scope of liability for damages
(a) Actual income: 1,113,900 won; and
(b) Expenses for medical treatment: 319,970 won [(16,250 won x 4 times) (14,620 won x 2 times) 115,500 won x 110,230 won];
C. Limitation of liability: 80% of the defendant's liability
D. A sum of KRW 2,399,290 and KRW 1,363,470 paid by the Defendant for the medical expenses of the Plaintiff shall be deducted from KRW 752,552 equivalent to the percentage of the Plaintiff’s fault among KRW 3,762,760.
E. The consolation money is shown in the arguments of this case, such as the background of the accident of this case, the age and negligence of the plaintiff, and the degree of injury.