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(영문) 서울중앙지방법원 2016.01.28 2015가단80551

손해배상(기)

Text

1. The Defendant’s KRW 11,281,831 as well as the Plaintiff’s KRW 5% per annum from January 14, 2016 to January 28, 2016.

Reasons

1. Occurrence of liability for damages;

A. Recognizing the facts, B, around 05:04 on June 8, 2012, driven C-P taxi, which is owned by Samwon-si Co., Ltd., and driven one lane from the 31-90-lane Do-ro, Mapo-gu, Seoul, to the new village distance from the west University. On the other hand, the Plaintiff, who was under the influence of alcohol on the first lane of the said taxi, was shocked to the right-hand part of the said taxi (hereinafter “the instant accident”). Accordingly, the Plaintiff suffered injury, such as the Plaintiff’s right-hand Walter abandonment.

The defendant is a mutual aid business operator who has entered into a mutual aid agreement for the above taxi operated by B.

[Evidence] Evidence Nos. 1, 2, Eul Nos. 2, 3, and 4, the purport 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, inasmuch as B while driving the said taxi and causing the instant accident.

C. At the time of the instant accident, the Plaintiff’s liability is limited to 55% of the Defendant’s liability, taking into account such circumstances, as the Plaintiff had been under the influence of alcohol on the three-lane road.

(45%) 2. The calculation of the price shall be made in accordance with the calculation method in the heading type, which deducts the intermediate interest at the rate of 5/12 per month of the scope of liability for damages, and the amount of less than a month and less than a won for the convenience of the calculation shall be discarded.

[Ground of recognition] Facts without dispute, entry of Eul's evidence No. 1, results of physical entrustment to the president of the Han River University's Gangwon-gu Hospital and fact inquiry results, the purport of the entire pleadings

(a) Personal information 1) Personal data: Dived male (the remaining in July 25 at the time of the instant accident) income and operation period: Income equivalent to the daily wage of urban ordinary workers, and operation 3 until November 5, 2046, which became 60 years old: 7% permanent disability (Mabrodal disability assessment table) due to the limitation on the right-hand exercise scope.