beta
(영문) 서울중앙지방법원 2017.06.09 2014가단5164334

손해배상(자)

Text

1. The Defendant’s KRW 8,145,936 for the Plaintiff and its related KRW 5% per annum from January 12, 2013 to June 9, 2017.

Reasons

1. Occurrence of liability for damages;

A. 1) B is an individual taxi (hereinafter “Defendant vehicle”) around 01:08 on January 12, 2013, 2013.

(B) While driving the vehicle and driving the front road in E in E, which is located in E, U.S.D, along one-lanes from the boundary of the intersection to the one-lanes of the two-lanes, the part of the Plaintiff’s left side which was crossinged from the right side of the vehicle to the left side of the road in the vicinity of the crosswalk without signal lights to the left side of the vehicle, the Plaintiff exceeded the road (hereinafter “instant accident”).

2) The Plaintiff suffered injury due to the instant accident, such as aggravation of the left-hand chain, etc.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the Defendant’s vehicle. The Defendant is liable to compensate for the Plaintiff’s damage caused by the instant accident as a mutual aid business entity for the Defendant’s vehicle. However, the limitation of liability is limited to the Plaintiff’s liability. However, the Plaintiff’s negligence was negligent in crossing the road at night where the view is limited at night, and not adequately examining the progress of the surrounding vehicle while crossing the road, and such negligence was caused by the occurrence of the instant accident and the expansion of damage. As such, the Plaintiff’s negligence was considered to be 25%, and the Defendant’s liability is limited to 75%, and the Defendant’s liability is limited to 75%. [Grounds for recognition] There is no dispute over the instant facts, Gap 1, 11, 12 evidence, Eul 1, 3-6, and 8

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, 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 are not stated separately.