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(영문) 서울중앙지방법원 2016.01.29 2014가단5354052

손해배상(자)

Text

1. The Defendant’s KRW 16,243,393 as well as the Plaintiff’s annual rate from March 19, 2014 to January 29, 2016.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a bus C around 21:55 March 19, 2014 (hereinafter “Defendant vehicle”).

2) On the other hand, the Plaintiff, while driving on the side road near Seongdong-gu Seoul Metropolitan Government, did not properly look at the front side and the right and the right, caused the Plaintiff by shocking the Plaintiff, who was walking on the right side, thereby suffering from the injury of the non-open frame of bad faith (hereinafter “instant accident”).

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

[Ground for Recognition: Unsatisfy Facts, Gap evidence 1 through 3, 8, 9 (including branch numbers if there are virtual numbers; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

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

C. In recognition of liability, the Plaintiff also erred by walking along the center outside of the road, and such error is deemed to have caused the occurrence of the instant accident and the expansion of damages. Therefore, the Defendant’s liability is limited to 90% in consideration of such circumstances.

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 price at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.

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

Personal information 1) Personal data: as stated in the column for “basic matters” in the annexed sheet for calculation of damages amount: Urban Daily Wage, 60 years of age, and later disability: 0.76% of the labor capacity loss rate due to the loss of fry, permanent disability (beberg Slick Aque score method) (the Defendant has received treatment from the Plaintiff due to water control before the accident in this case).