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(영문) 서울중앙지방법원 2018.02.09 2017가단5069553

손해배상(자)

Text

1. The Defendant: KRW 30,147,876; KRW 23,931,917; KRW 19,431,917; and KRW 19,431,917; and each of the above.

Reasons

1. Occurrence of liability for damages;

A. 1) E is a F rocketing Private Taxi around January 19, 2017 (hereinafter “Defendant”) around 16:35.

2) Around January 2, 201, H 198, 200, 2000, 2000, 2000, 2000, 2000, 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000,

2) On January 23, 2017, H died due to the instant accident

(hereinafter referred to as “H. 3”) Plaintiff A is the deceased’s spouse, and Plaintiff B, C, and D are the deceased’s children, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to the Defendant’s vehicle. [In the absence of dispute over grounds for recognition, A, 1, 3, 4, and the purport of the entire pleadings.]

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiffs who are the deceased and their bereaved family members due to the instant accident as a mutual aid business operator of the defendant vehicle.

C. The limitation of liability: (a) the deceased was at fault with the expectation of the Defendant’s vehicle to start immediately after being lowered from the Defendant’s vehicle; and (b) such negligence was caused by the instant accident; (c) the deceased’s fault ratio is deemed 10%; and (c) the Defendant’s responsibility is limited to 90%.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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.

The Parties’ arguments.