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(영문) 서울중앙지방법원 2017.11.01 2016가단5185243
손해배상(자)
Text

1. The Defendant: (a) KRW 18,876,596 to Plaintiff A; and (b) KRW 2,00,000 to Plaintiff B; and (c) from January 30, 2016 to each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 17:00 on January 30, 2016, C, while recognizing D urban buses (hereinafter “Defendant vehicles”) around 17:00, C opened a bus stop at a bus stop in order to stop on the bus stop while driving a five-lane road in front of the department store in the front of the department store at the string distance protection area from the string distance. In order to stop on the bus stop at the bus stop, Plaintiff A, a passenger of the Defendant vehicle, was placed above the floor of the Defendant vehicle.

(2) In the instant accident, Plaintiff A suffered bodily injury, etc. on the part of the main body of the State.

(3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement for the defendant vehicle.

Plaintiff

B is the husband of the Plaintiff A.

[Ground of recognition] Facts without dispute, Gap 1 through 5 (including partial numbers), the purport of the whole pleadings

B. According to the above recognition of liability, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident of this case as a mutual aid business operator of defendant vehicle.

C. The Plaintiff A also committed an error in moving the bus without holding the knife from the bus, and the above Plaintiff’s error is deemed to have a single cause for the occurrence and expansion of the instant damages, and thus, the Defendant’s liability ratio is limited to 90%.

2. Scope of liability for damages

가. 기초사항 (1) 인적사항 생년월일 : E생(사고 당시 만 84세 6개월 남짓) 성별 : 여성 (2) 노동능력상실률 Ο 요추부 통증으로 인한 32%, 5년 한시장해(맥브라이드 장해평가표 척추손상 Ⅰ-A-1-c항, 직업계수 5 적용) Ο 난청으로 인한 장해는 감정의가 사고와의 연관성을 확인할 수 없고, 고령에 따른 청력변화일 가능성이 높다고 회신하였으므로 배척(이 부분 향후치료비도 배척)

(b) Expenses for medical treatment: 374,910 won (the part in which the defendant is the person);

C. Plaintiff A’s Plaintiff A’s care expenses incurred in the course of being repeatedly hospitalized and treated several times after the instant accident.

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