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(영문) 서울중앙지방법원 2017.01.25 2013가단5173751

손해배상(자)

Text

1. The Defendant: (a) KRW 100,780,91 to Plaintiff A; and (b) KRW 3 million to Plaintiff B; and (c) from November 28, 2012 to each of the said money. < Amended by Presidential Decree No. 28420, Nov. 28, 2012>

Reasons

1. Occurrence of liability for damages;

(a) Recognition 1) C A around November 28, 2012, 07:13, 2012, hereinafter referred to as “Defendant vehicle”).

) The Plaintiff A, who was crossingd without permission, was shocked by the front part of the left side of the Defendant’s vehicle while driving along the bus exclusive lane from the erosctic distance to the eroscop, along the five-lane road in front of the 13-8-lane, Seocho-gu Seoul Metropolitan Government (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff A suffered bodily injury, such as glama, etc.

3) Plaintiff B is the wife of Plaintiff A, and the Defendant is the mutual aid business entity that entered into a mutual aid agreement with respect to the Defendant’s vehicle. According to the fact of recognition of liability, the Defendant is liable for compensating the Plaintiffs for damages incurred by the instant accident as a mutual aid business entity for the Defendant’s vehicle. (c) Whether liability is limited or not, however, the Plaintiff is also erroneous in crossing the road from the 10th line to the 10th line without permission, and such mistake has contributed to the occurrence of the instant accident and the expansion of damages. Therefore, the Defendant’s liability is limited to 50% in consideration of the fact that there is no dispute [based on recognition], Gap’s 1 through 5

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.

The term "basic matters" in the attached Form for calculation of personal information and the amount of damages shall be as stated.

The Plaintiff’s name of the term of lease is presumed to be 1.472 years, which is 60% of the normal person. Thus, May 16, 2024 is deemed to be the end date of the name.

(b)one year of future treatment costs at the treatment and examination costs.