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(영문) 서울동부지방법원 2019.01.11 2017가단3704

손해배상(기)

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1. The defendant shall pay to the plaintiff KRW 2,192,198 as well as 5% per annum from June 9, 2017 to January 11, 2019, and the next day.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition, around 13:00 on June 20, 2013, that the front part of the Plaintiff’s bicycle rider’s bicycle riding (hereinafter “Plaintiff’s bicycle”) going in the direction from the south to the north from the south of the lower part of the Defendant’s bicycle riding (hereinafter “Defendant’s bicycle”), conflict with the rear wheels of the Defendant’s bicycle riding (hereinafter “Defendant bicycle”), and the Plaintiff’s accident leading to the bicycle riding along with the bicycle (hereinafter “instant accident”) are either disputed between the parties or recognized by comprehensively taking account of the overall purport of the pleadings.

B. According to the above facts of recognition of liability, the defendant neglected to avoid the accident even though he has a duty to avoid the accident by properly examining the pre-face in passing through a bicycle, and such mistake was the cause of the accident and the occurrence of damage in this case.

Therefore, the defendant is liable to compensate for damages sustained by the plaintiff due to the accident of this case.

C. The limitation of liability: (a) it appears that the front part of the Plaintiff’s bicycle was in conflict with the rear wheels of the Defendant’s bicycle, or the location of an accident point within a private distance, etc., the Defendant’s liability should be limited to 30%, taking into account the circumstances surrounding the instant accident and the various circumstances shown in the argument of the instant case, in light of the following: (b) it appears that the Defendant’s bicycle was entering the point where the Defendant’s bicycle was in conflict with the Defendant’s bicycle’s rear wheels; and (c) it is reasonable for the Plaintiff as well as the Defendant’s liability to be limited to 30%

2. Scope of liability for damages

A. The loss of lost income equivalent to the monetary total appraised value of the capacity of the Plaintiff lost due to the instant accident is based on the method of deducting intermediate interest at the rate of 5/12 per month based on the facts and assessment as follows.