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(영문) 서울중앙지방법원 2020.11.25 2018가단5109649

손해배상(자)

Text

1. The Defendants jointly share KRW 10,442,84 with respect to the Plaintiff and KRW 5% per annum from July 6, 2017 to November 25, 2020.

Reasons

1. Occurrence of liability for damages;

A. On July 6, 2017, at around 22:12, Defendant C driven the instant two-wheeled vehicle in front of the 131 U.S.-U.S.-U.S.-U.S. Soon, Defendant C, while driving the instant two-wheeled vehicle (hereinafter “the instant two-wheeled vehicle”) on the front of the 131 U.S.-U.S.-do Spo-do Spoon Village, the Plaintiff, who is a pedestrian crossing the Madon green signal while driving the instant two-wheeled vehicle, even if the vehicle signal was changed to a stop signal, was changed to the stop signal, and the Plaintiff was faced with the front part of the instant two-wheeled vehicle (hereinafter “the instant accident”). Accordingly, the Plaintiff sustained the injury, such as the light body opening-up frame, etc., Defendant C driven the instant two-wheeled vehicle in front of the instant two-wheeled vehicle, and the fact that Defendant C was the owner of the instant two-wheeled vehicle and the user of the Defendant C, is recognized by taking full account of the overall arguments

B. According to the facts of recognition as the basis of liability, the Plaintiff was injured due to the operation of the two-wheeled Motor Vehicle, and the Defendants, who were its operators, are jointly liable to compensate for the damages incurred by the Plaintiff due to the instant accident, barring any special circumstances.

The plaintiff asserted the employer's liability against the defendant B under the Civil Act, but the operator's liability under the Guarantee of Automobile Accident Compensation Act, which is a special law, applies in preference to the Civil Act, see Supreme Court Decision 95Da29390 delivered on November 28, 197, etc.

2) The scope of the Plaintiff’s damage liability is as follows: The period for calculation is calculated on a monthly basis, but the period of less than the last month and less than KRW 2 shall be discarded. The current value calculation at the time of the accident shall be based on the simple interest rate of 5/12 percent per month. The current value calculation at the time of the accident shall be based on the one-way interest rate of 5/12 per month. Moreover, it shall be excluded that the parties’ claims are not separately explained. (a) The fact of recognition and the assessment contents) gender: Women’s age: The age of 57 years and 11 months per month at the time of the accident: 30.2 years from the date of the accident.)