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(영문) 서울중앙지방법원 2020.01.16 2019나33196

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D vehicles around 19:30 on February 28, 2018 (hereinafter “Defendant vehicles”).

) While driving a vehicle and making a left-hand turn on the road in Kimpo-si, the Plaintiff walking along the parking lot was shocked (hereinafter “instant accident”).

2) The Plaintiff suffered injury due to the instant accident, such as the Plaintiff’s failure to perform the duty of care and injury on the tavinal coordinate, the Coordinate coordinate, and the slinal coordinate.

3) The defendant is a mutual aid business entity which has entered into a mutual aid agreement with the defendant's vehicle. [In the absence of dispute over grounds for recognition, Gap's evidence Nos. 1 through 4, 7, 14, Eul's evidence Nos. 3 and 4, the purport of the whole pleadings

B. 1) According to the above facts of recognition, the plaintiff was injured due to the operation of the defendant's vehicle, barring special circumstances, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case as the mutual aid business operator of the defendant's vehicle. 2) However, the accident of this case seems to have occurred at night and it was difficult to discover the plaintiff who was in the color flasing line C, and the plaintiff also passed the vehicle through the vehicle without considering the surrounding condition while crossing the vehicle through the road in a blind zone. Such negligence of the plaintiff also caused the occurrence of the accident of this case and the expansion of damages. Thus, the defendant's liability is limited to 80% in consideration of these circumstances.

2. Except as provided below within the scope of the liability for damages, the same item shall be the same as the corresponding item in the separate list of damages calculation, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments did not separately state their arguments.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 4 through 11, 13, 14, and Eul No. 1, 3.