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(영문) 수원지방법원 2015.02.16 2014가단17639
손해배상(자)
Text

1. The Defendant: (a) KRW 153,794,354 to the Plaintiff; and (b) KRW 5% per annum from August 21, 2013 to February 16, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 17:45 on August 21, 2013, Nonparty B driven a large tourist bus (hereinafter “Defendant vehicle”) with a view to avoiding the dusts away from the freight cars located in the number off the passenger car located in the Young-gu, Suwon-si, Suwon-si. Nonparty B was able to avoid the dusts that had been set up on the cross-sections, and the Defendant vehicle was seriously shakend, and accordingly, the Plaintiff, who was on board the Defendant vehicle, sustained the injury, such as the spin-off febrate emissions, both sides 12, and the sleline febro, etc.

(2) The defendant is a mutual aid business entity which has entered into a mutual aid agreement for the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Gap evidence 7, Gap evidence 10, Eul evidence 10, the purport of the whole pleadings

B. According to the fact of recognition of liability, the defendant is liable to compensate the plaintiff for damages caused by the instant accident that occurred during the operation of the above vehicle as the insurer of the above defendant vehicle.

C. Limit of liability, however, there is no dispute between the parties that the Plaintiff did not wear the safety labelling at the time of the accident, and such circumstance is deemed to have caused the occurrence or expansion of damage caused by the accident in this case.

Comprehensively taking account of the developments leading up to the instant accident and the degree of injury to other passengers aboard the Defendant’s vehicle, it is reasonable to deem that the Plaintiff’s above error contributed to 15% of the occurrence or expansion of damage caused by the instant accident, and thus, the Defendant’s liability is limited to 85%, the remainder.

2. In addition to the scope of compensation for damage, each item of the attached Table of the calculation of damages shall be the same as the corresponding item, 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 current value of damages at the time of the accident shall be 5/12 percent per month.

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