beta
(영문) 서울중앙지방법원 2016.02.12 2014가단90872

손해배상(자)

Text

1. The defendant's 19,98,525 won to the plaintiff A, 500,000 won to the plaintiff B, and 100,000 won to the plaintiff C, respectively.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) D is a cargo vehicle E (hereinafter “Defendant vehicle”) around 08:42 November 2, 2012.

) While driving a vehicle and driving a road in front of the F Village in the Gyeongbuk-gun, it conflicts with the foregoing cargo vehicle, which was left and left to the left while overtaking the G truck of the Plaintiff’s drive beyond the central line, and the Plaintiff suffered injury, such as the string to the right side, the string to the right side, the string to the right side, and the 4th string to the right side (hereinafter “instant accident”).

(2) Plaintiff B is the spouse of Plaintiff A, and Plaintiff C is the child of Plaintiff A, and the Defendant is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with the Defendant vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 3 (including branch numbers, if any); hereinafter the same shall apply)

(3) No. 3, the purport of the whole pleadings

B. According to the above recognition of liability, the defendant, who is the mutual aid business operator of the defendant vehicle, is liable to compensate the plaintiffs for the damages caused by the accident of this case.

C. However, according to the above evidence, it can be acknowledged that Plaintiff A made a left-hand turn at a place where the left-hand turn is not allowed without permission, without sufficiently examining the surrounding traffic situation, and did not wear a safety level sign.

Plaintiff

A’s fault is deemed to have caused the occurrence of the instant accident and the expansion of damages, and the Defendant’s liability is limited to 50% in consideration of such circumstances.

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 price at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

(1) lost income.