beta
(영문) 서울서부지방법원 2016.05.12 2014가단227563

손해배상(자)

Text

1. On December 12, 2010, at around 01:30, a one-lane between three-lanes in front of Mapo-gu Seoul Metropolitan Government D is the new village.

Reasons

1. Establishment of liability for damages;

A. The establishment of liability: (a) On December 12, 2010, 1: (b) the Plaintiff was liable to compensate the Defendant for damages incurred by the Defendant due to the instant accident, on the front part of the said vehicle without finding out the Defendant who had passed the crosswalk at the time while driving a three-lane one of three-lanes in front of Mapo-gu Seoul Metropolitan Government D, which was going to the Western area from the New Village Round on the New Village Round; (b) the fact that the Plaintiff entered into a mutual aid agreement with respect to the said vehicle does not conflict between the parties, or that the Plaintiff was liable to compensate for damages incurred by the Defendant due to the instant accident, as a whole, due to the lack of dispute between the parties, or in full view of the purport of oral argument as to the evidence Nos. 1, 2, and 6 (including serial numbers, hereinafter the same shall apply).

B. Meanwhile, according to the aforementioned evidence, the Defendant also was at night at the time when the instant accident occurred, and the signal lights of the crosswalk were changed to on-and-off lights, etc., so it is confirmed whether there is a vehicle going through by examining the front and rear left, and even if there is no vehicle, it can be found that the Defendant neglected it, and such circumstance also seems to have contributed to the occurrence and expansion of damages caused by the instant accident, and thus, the Plaintiff’s liability is limited to 85% in determining the amount of damages to be compensated by the Plaintiff.

2. The following facts can be acknowledged in full view of the evidence indicated above, Gap evidence Nos. 5, 8, Eul evidence Nos. 1, 2, and 5, the court's commission of physical appraisal to Tol University, Seoul, and the results of fact inquiry:

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded.

The current value calculation at the time of the accident shall be the one that deducts the interim interest at the rate of 5/12 per month.