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(영문) 울산지방법원 2020.10.07 2019가단15679
손해배상(자)
Text

The defendant's KRW 36,392,405 as well as 5% per annum from October 24, 2018 to October 7, 2020 to the plaintiff.

Reasons

1. Occurrence of and limitation on liability for damages;

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 2 as a whole, D may recognize the fact that, around October 24, 2018, when driving a chartered bus (hereinafter “the bus in this case”) around October 10:30, it was found that: (a) it was delayed after discovering FF bus vehicles of the pre-paid vehicle driven by the body of the body while driving in one lane in the west-to-west-to-west side of the Southern Highway, the Changwon-to-face, which was driven by the body of the body of the body while driving in one lane; and (b) thereby, it was found that the Plaintiff, who was seated in the bus in this case, was injured by an injury, such as an external wound or scar in an open place, within six weeks of medical treatment of the bus in this case (hereinafter “instant accident”); and (c) the Defendant, a mutual aid business entity that entered into a mutual aid agreement with respect to the bus in this case.

According to the above facts, since D, the driver of the bus of this case, caused the accident of this case due to negligence, which caused the accident of this case, which was caused by the negligence of neglecting the duty to stop the bus, the defendant, who is the mutual aid business operator of the bus of this case, is liable to compensate the plaintiff for the damages

B. In light of the developments leading up to the instant accident, the instant accident occurred on the wind that the instant bus driver neglected his duty of care to care for the movement of the preceding vehicle by moving on the front side, and reported that the preceding vehicle was driven slowly, and then the instant accident occurred. However, the Plaintiff was at fault on the part of the Plaintiff on the part of the vehicle without stopping the vehicle on the expressway, so it is reasonable to calculate the Plaintiff’s fault ratio to 20%, and the Defendant’s responsibility is limited to 80%.

2. In principle, the period for calculating the scope of compensation for damage shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded, and the current value shall be calculated at the time of an accident of compensation for damage at the rate of 5/12 per month.

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