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(영문) 서울중앙지방법원 2020.11.26 2019가단5199731

손해배상(자)

Text

1. The Defendant’s KRW 133,954,320 for the Plaintiff and KRW 5% per annum from November 17, 2018 to November 26, 2020 for the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) C: D Freight vehicles around 09:40 on November 17, 2018 (hereinafter “Defendant vehicle”).

(B) While driving the Plaintiff and driving the Plaintiff, while making a left-hand turn at the intersection of the shooting distance of the 2-1 East National Hospital in the U.S. East East-dong-gu, the Plaintiff’s E-mail, who was straight along the direction of the opposite direction, was completely shocked to the right-hand side of the Defendant’s vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff sustained the injury, such as the first instance court’s order, the first instance court’s order, the first instance court’s order, the second instance court’s order, and the second instance court’s order, and the second instance court’s order.

3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle. 【Ground for recognition's absence of dispute, Gap's 1 through 4, 13, Eul's 2 (including paper numbers, and the purport of the whole pleadings.

B. According to the above fact of recognition of liability, the plaintiff sustained an injury due to the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as the mutual aid business operator of the defendant vehicle.

C. However, the limitation of liability is limited to the Plaintiff’s negligence, despite the fact that the Plaintiff, as the Plaintiff, should have entered the intersection and had entered the surrounding vehicle situation well, by neglecting it. Since the Plaintiff’s error contributed to the occurrence of the instant accident and the expansion of damages, it shall be considered in calculating the amount of damages to be compensated by the Defendant, and the Plaintiff’s negligence shall be considered as 10%, taking into account all the circumstances, such as the degree of the progress of the crossing of the Defendant’s vehicle into the intersection, and the Defendant’s responsibility shall

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed Schedule of Calculation of Compensation, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.