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(영문) 서울중앙지방법원 2018.12.19 2016가단5234336

손해배상(자)

Text

1. The Defendant’s KRW 107,074,645 for the Plaintiff and KRW 5% per annum from August 31, 2015 to December 19, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D-si (hereinafter “Defendant vehicle”) around 16:30 on August 31, 2015.

(C) Around 517, the Cheonggu-dong, Gangnam-gu, Seoul, sent back from the side of the police box of Cheonggu-ro to the office of Gangnam-gu, the Plaintiff was shocked to the front part of the crosswalk (hereinafter referred to as the “instant accident”).

2) The Plaintiff suffered from an injury to the Plaintiff, such as an external wound, due to such injury.

3) The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with respect to the defendant's vehicle. [Grounds for recognition] The defendant has no dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2 (including paper numbers, the purport of the whole pleadings)

B. According to the facts of recognition of liability, the defendant, who is the mutual aid business operator for the defendant's vehicle, is liable to compensate for the damages suffered by the plaintiff due to the

C. Limit of liability, however, a pedestrian crossinging the road should safely cross the road by taking into account the surrounding circumstances, such as whether there is a driving vehicle, etc., and as the Plaintiff neglected to cross the road and thereby governance of the crosswalks, the Defendant’s liability is limited to 90% in light of such circumstances.

2. Except as otherwise stated below within the scope of the liability for damages, each of the corresponding items of the Schedule of Calculation of Compensation for Damages, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

It is rejected that the parties' arguments have not been separately explained.

Personal information 1): Changes in social and economic circumstances, such as changes in the average number of persons until they reach the age of 65, extension of the retirement age, extension of the age of receiving public pension, and extension of the age of receiving public pension, shall be made by the plaintiff.