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(영문) 서울중앙지방법원 2020.11.27 2017가단5099455

손해배상(자)

Text

1. The Defendant’s KRW 9,467,431 as well as 5% per annum from December 18, 2016 to November 27, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) C, around December 18, 2016, at around 23:30, 2016, a traffic accident occurred, etc. C, means D Sona-si (hereinafter “Defendant vehicle”).

) A driver of Seocho-gu Seoul Metropolitan Government driving the road in Seocho-gu along the two-lanes between four-lanes of the width of the art hall in the area of the Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul Arts Center, and the plaintiff on the road shocked the plaintiff on the front part of the vehicle and followed by the flow of the vehicle at the right three-lanes, thereby having received the left part of the Franman's car (hereinafter referred to as the “instant accident”).

(2) The Plaintiff suffered injury, such as cutting down the upper left upper part of the instant accident, cutting down the alley, cutting down the pelpel, etc.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle (based on recognition). The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle (based on recognition), without dispute, described in Gap’s Evidence 1 through 4, 8, 11, and Eul’s Evidence 1, 7,

- The purport of the whole pleadings

B. The Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as a mutual aid business operator of the vehicle, since the Plaintiff sustained an injury due to the operation of the Defendant vehicle to recognize liability.

C. The limitation of liability has contributed to the occurrence of an accident due to the mistake that the Plaintiff was on the road in order to get a taxi from the two-lanes of the eight-lane and the two-lanes of the four-lane roads under drinking, taking into account the amount of damages that the Defendant is liable to compensate.

From 1m to the center line of the accident, there are fences to prevent the unauthorized crossing, the time of the accident, road structure, etc., the plaintiff's fault ratio shall be 50%, and the defendant's responsibility shall be limited to 50%.

2. In addition to the matters stated below within the scope of liability for damages, the annexed sheet of liability for damages shall be as follows.

The period for the convenience of calculation shall be calculated on a monthly basis, and where there is a day on which statistical income is changed during the monthly unit period, statistical income during the forward period shall be applied, and the last month and less than KRW 1 shall be discarded.

The current value of damages at the time of the accident shall be calculated.