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(영문) 서울중앙지방법원 2016.05.27 2014가단5182431

손해배상(자)

Text

1. The Defendant’s KRW 274,181,439 as well as the Plaintiff’s annual 5% from August 12, 2011 to May 27, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D cab around 01:20 on August 12, 201, 201 (hereinafter “Defendant vehicle”).

2) On the other hand, the Defendant was negligent in performing the duty of safety driving while driving the said road over the central line in order to overtake a non-driving vehicle running over a part of the two-lane from the two-lane to the one-lane in order to overtake the motor vehicle in front of the non-motor vehicle running over the two-lane from the two-lanes in front of the front of the front apartment of Gangnam-gu, Seoul, Seoul, by driving the two-lane, and driving the two-lane road to the right side from the left side of the running direction of the Defendant's vehicle, and driving the said road to the right side of the Defendant's vehicle to avoid the Defendant's vehicle, and then, the Plaintiff was shocked to the Plaintiff, thereby causing injury to the Plaintiff, such as external cerebrovascular, etc.

(2) The Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid contract for the Defendant’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 13 through 17 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above facts, the defendant is liable for damages suffered by the plaintiff due to the accident of this case.

C. However, the limitation of liability is limited to 75% (Liability 25%) of the Defendant’s liability by taking this into account in determining the amount of damages that the Defendant is liable, inasmuch as the Plaintiff’s fault committed an error of crossinging a two-lane road in India at night, and the Plaintiff’s fault caused the occurrence and expansion of damages arising from the instant accident.

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 value at the time of the accident shall be based on the reduction rate of 5/12 per month to the interim interest rate.