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(영문) 서울중앙지방법원 2015.03.20 2012가단324700

손해배상(자)

Text

1. The Defendant’s KRW 71,697,452 as well as the Plaintiff’s annual rate from August 22, 2011 to March 20, 2015.

Reasons

1. Occurrence of liability for damages;

A. (1) Around August 22, 2011, the numberless taxi (hereinafter “Defendant vehicle”) that entered into a mutual aid agreement with the Defendant (hereinafter “Defendant vehicle”) shocked the Plaintiff who dried the crosswalk in accordance with the pedestrian crossing signal due to the negligence that he/she was going against the signal while driving in the direction of scisco distance in Samsung Station, along with four lanes on August 22, 201, by using the six-lane road in front of Samsungdong 159, Gangnam-gu, Seoul, Seoul, as four-lane roads, and caused the injury, such as crushing of the scisco, on the left side.

(2) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle.

【Ground for Recognition: Unsatisfy, Evidence Nos. 2 and 3, and the purport of the whole pleadings】

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator of defendant vehicle.

C. There is no evidence about the situation that can be seen as the negligence of the Plaintiff’s negligence in limitation of liability, or other circumstances that may limit Defendant’s responsibility.

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 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

(1) Personal information: The amount of damages shall be as stated in the column for “basic matters” in the attached Form.

(2) Income and operating period: (a) Urban daily wage, (c) aftermath disability and labor capacity loss rate (A) after the end of 60 years of age; (b) 9% of the labor ability due to the formation of the upper end of the left end; (c) 1-A-1 of the permanent disability table; (c) 5 of the vocational coefficient; and (d) appraisal.