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(영문) 서울서부지방법원 2017.06.22 2017가단205793
손해배상(자)
Text

1. The Defendant: KRW 239,508,395 for the Plaintiff and KRW 5% per annum from December 12, 2015 to June 22, 2017; and

Reasons

1. Establishment of liability for damages;

A. (1) On December 12, 2015, B: (a) was negligent in violating the signal while driving C chartered bus around 07:10 on December 12, 2015 and driving it to the left at the intersection of the 16 modern So-dong, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungdong-gu, and the left turn at the intersection; (b) caused an injury to the Plaintiff (hereinafter “instant accident”); (c) the fact that the Defendant entered into a mutual aid agreement with respect to the said chartered bus, as a mutual aid business entity, is not in dispute between the parties, or in full view of the entries and videos of the certificate of Nos. 1 through 5 and 12 (including serial numbers, hereinafter the same shall apply) as well as the purport of oral pleadings, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident as a mutual aid business entity of the said chartered bus.

B. The defendant asserts that the defendant should limit the defendant's liability because the plaintiff found the chartered bus on the part of the defendant and did not take measures to prevent the sudden operation and other accidents even though he did not take such measures. However, it is difficult to say that the plaintiff has the duty of care to expect that the chartered bus on the part of the defendant should enter the intersection in violation of the new subparagraph and to take measures to prevent the accident therefrom, and the data submitted by the defendant and the records of this case cannot be found any other reason to limit the defendant's liability. Thus, the defendant's above assertion is rejected.

2. The following facts can be acknowledged in full view of the evidence mentioned above as follows: Gap evidence No. 7 through 10, 13 through 15, Eul evidence No. 1 through 4, and the results of the Seoul Medical Center commissioned to conduct physical appraisal by this court:

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded.

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