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1. In the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition 1) B, around 18:10 on October 16, 201, operated a C bus owned by Gyeonggi-do Co., Ltd., Ltd., leading to a three-lane road of the 652-1 road in front of the Dongdaemun-gu Seoul Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, toward the private road in the Dong-dong market from the Cheong-ri Station, and continued to go to the private road in the Dong-dong market, and continued to go to go down on the bus in order to avoid spreading the road from the front side of the road (hereinafter referred to as “instant accident”).
(2) Accordingly, the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the above bus.
[Ground of recognition] Items A, 3, 4, Eul evidence 1 and the purpose of the whole pleading
B. According to the facts found as above, the Defendant is liable for compensating the Plaintiff for the damages sustained by the Plaintiff due to the instant accident, inasmuch as B driving a bus and causing the instant accident to inflict bodily injury on the Plaintiff.
C. At the time of the instant accident, the Plaintiff was negligent in neglecting the balance of the body at the bus rapid transit by putting the facilities, such as the chair in the bus, in a case where the Plaintiff is going to drive the bus, and thereby neglecting to do so. Therefore, taking account of such circumstances, the Defendant’s liability is limited to 90% by taking account of such circumstances.
(10%) 2. The scope of liability for damages shall be as shown in the separate sheet, except as otherwise stated below.
(A) The method of calculating the intermediate interest at the rate of 5/12 per month shall be calculated in accordance with the calculation method, and the monthly and less than KRW 10 shall be discarded for the convenience of calculation). 【Based on recognition, the respective descriptions of Gap 1, 2, Eul 4 through 6 (including the serial number), the result of physical examination of the court of first instance for the head of the relevant hospital, and the result of the fact inquiry of August 17, 2016 for the head of the same hospital.