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(영문) 서울중앙지방법원 2018.08.17 2018나17623

손해배상(자)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. According to the above facts of recognition of liability, the accident in this case occurred at the point of view of 01:50, and the place of occurrence of the accident is not distinguished from India and the roadway. Therefore, it is reasonable to deem that the accident in this case occurred in violation of the duty of safe operation by checking the front bank or the road floor well, and barring special circumstances, the defendant is liable to compensate the plaintiff for damages caused by the accident in this case.

B. The limitation of liability: (a) the point of the instant accident is a side road of less than 6 meters wide, where the width of the street light does not reach; and (b) the instant accident occurred immediately after the instant accident occurred from the middle elementary school located in the middle school at which the light light does not reach; and (c) in particular, the Plaintiff was unable to find it on the road at the night time in which the human body was located in the fourth night, and thus, the Plaintiff’s negligence appears to have contributed mainly to the occurrence of the instant accident and the expansion of damages, and thus, the Defendant’s liability is limited to 30%.

3. In addition to the scope of damages under separate specifications, each item of the Schedule of Calculation of Compensation for Damages shall be the same as the corresponding item of the Table of Calculation of Compensation for Damages, 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

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.

In case of lost income: Personal information of KRW 194,016,374 (1): The income and retirement age are as stated in the following calculation table of the amount of damages. 2) The Plaintiff entered the Korea Railroad Corporation on September 20, 2005 and entered the accident of this case.