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(영문) 대구지방법원 2019.05.16 2016가단112898

손해배상(자)

Text

1. The Defendant: (a) from August 21, 2015, to Plaintiff A with respect to KRW 20 million; (b) KRW 5,000,000; and (c) each of the above amounts.

Reasons

1. Facts of recognition;

A. At around 04:50 on August 21, 2015, D driven an E si (hereinafter “Defendant vehicle”) and operated a G store located in F of the Busan East-gu with a single-lane road from the shooting distance of the hot spring road to the h bank hot spring flow area, which caused an accident of shocking the Plaintiff, who was on the said road, to the front part of the Defendant vehicle, as at the time of the negligence, due to the negligence of neglecting to drive the G store in front of the G store located in F of the Busan East-gu with a single-lane road from the shooting distance of the hot spring road (hereinafter “instant accident”). As a result, A suffered serious injury, such as h’s blood transfusion and waste collection.

B. The Defendant is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement to compensate the victim for damages caused by an accident occurring during the operation of the Defendant.

C. The plaintiff B is the mother of the plaintiff A.

[Ground of recognition] Facts without dispute, entry of Eul evidence No. 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability, the defendant is obligated to compensate the damages suffered by the plaintiffs as a mutual aid business operator of the defendant's vehicle due to the accident of this case.

B. The evidence adopted under the limitation of liability and the purport of the entire pleadings as follows: (a) Plaintiff A was placed in the first lane of the four-lane road from a streetlight in the night, in which Plaintiff A took clothes at night; (b) in such a situation, it seems difficult for the driver of the vehicle to detect the victim; and (c) at the time, Defendant A’s driver did not drive the vehicle beyond the restricted speed, it is reasonable to deem that the above mistake of Plaintiff A had a significant impact on the occurrence of the instant accident or the expansion of damage; and (d) in light of the above circumstances, Plaintiff A’s negligence is limited to 60% and the Defendant’s liability is limited to 40%.

3. The amount of damages shall be calculated at the rate of 5/12 per month at the time of the accident.