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(영문) 서울중앙지방법원 2015.10.08 2014가단8965
손해배상(자)
Text

1. The Defendant’s KRW 21,009,897 as well as the Plaintiff’s KRW 5% per annum from December 25, 2011 to October 8, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition B, around 16:35 on December 25, 201, driven the C urban bus that is owned by advanced transportation companies, driving three-lanes of the three-lane road in front of the Seoul Eunpyeong-gu Seoul Metropolitan Government D in front of the D in front of the street from the long distance to the long distance of the old mountain basin. In violation of the vehicle stop signal, the Plaintiff’s face, etc. walking along the crosswalk along the crosswalk from the right side to the left side of the said bus was shocked toward the right side of the said bus (hereinafter “instant accident”). Accordingly, the Plaintiff suffered injury, such as the escape certificate of the conical signboard between the 3rd and the 1,000 square meters.

The defendant is a mutual aid business operator who has entered into a mutual aid contract for the bus.

[Evidence] Evidence Nos. 1, 6, 7, 10, Eul Nos. 4 and the purpose of the whole pleadings

B. According to the facts found as above, the Defendant is liable for compensating the Plaintiff for the damages incurred by the Plaintiff due to the instant accident, since B was driving the bus at issue and causing the instant accident to the Plaintiff.

C. According to the video of the evidence No. 4 No. 4, inasmuch as at the time of the instant accident, the Plaintiff did not properly look at the surrounding area of the crosswalk, and thereby, the Defendant’s liability is limited to 95% in consideration of such circumstances.

(5 per cent of the plaintiff's negligence). 2. The calculation of the price shall be made in accordance with the family-flive calculation method that deducts intermediate interest at the rate of 5/12 per month of the scope of liability for damages as a single interest, and the amount of less than a month and less than a won for the convenience of calculation shall be discarded.

The plaintiff's contribution to the accident of this case as to the injury of the king is 40% (the contribution ratio of 60%). [Based on recognition] Gap's 3, 5, 9, 10 evidence No. 10, and the court's entrustment of physical examination of the director of Hanyang University Hospital and the director of the No. 1Tol University.

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