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(영문) 서울중앙지방법원 2014.12.12 2012가단5111565

손해배상(자)

Text

1. The Defendant’s KRW 26,165,64 as well as the Plaintiff’s KRW 5% per annum from February 22, 2010 to December 12, 2014.

Reasons

1. Occurrence of liability for damages;

A. At around 21:35 on February 22, 2010, B: (a) A vehicle C (hereinafter “Defendant vehicle”)

2) While driving a vehicle and driving a two-lane of the three-lane road in front of the Lee Jong-dong Hospital located in Yangcheon-gu Seoul Metropolitan Government, the front side of the Plaintiff’s driving, which was parked in the front side of the Defendant’s vehicle, was shocked to the front side of the Defendant’s vehicle for signal signal at the Ma-dong Hospital, and caused the Plaintiff to suffer an injury, such as a warning sign escape certificate No. 4-5 (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 of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

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

C. As to the Defendant’s assertion on the limitation of liability, the Defendant asserts that the Defendant should limit the Defendant’s liability in consideration of the degree of contribution from each item of the amount of damages caused by the instant accident, so long as the Defendant’s judgment on the limitation of liability is calculated by reflecting the degree of contribution from each item of the amount of damages caused by the instant accident, the Defendant’s assertion is not acceptable on the grounds that it does not separately limit the liability for such damages.

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.

b) the Commission;