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(영문) 서울중앙지방법원 2015.11.13 2014가단5254800

손해배상(자)

Text

1. The Defendant’s KRW 6,882,239 as well as the Plaintiff’s KRW 5% per annum from September 15, 2011 to November 13, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. At around 09:05 on September 15, 201, B: (a) the taxi at around 09:05 (hereinafter “Defendant vehicle”).

) While driving the Plaintiff and driving along the two-lanes of the five-lane distance from the Korea Customs Service’s death distance, the part of the back wheels of the Plaintiff, who driven the crosswalk to the right side from the left side of the running direction by violating the stop signal, was inflicted on the Plaintiff (hereinafter “instant accident”). The part of the back wheels of the Plaintiff, who driven the crosswalk to the right side of the crosswalk, with the front part of the Defendant’s vehicle, and suffered injury, such as the removal of the bones, etc. (hereinafter “instant accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy Facts, Gap evidence 1, 2, 10 through 13 (including branch numbers if there is a tentative number; hereinafter the same shall apply)

(1) No. 1, B’s evidence, the purport of the entire pleadings

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

C. The limitation of liability: (a) the Plaintiff, as well as the Plaintiff, was negligent in driving the crosswalk to which pedestrians need to move along, and as such, the Plaintiff’s error caused the occurrence and expansion of damages caused by the instant accident, it shall be considered in determining the amount of damages that the Defendant is liable for, but its ratio shall be set at 20% and limited to 80% of the Defendant’s liability ratio.

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.

Personal information on lost income 1: A list of damages calculated in attached Form.