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(영문) 서울중앙지방법원 2015.02.13 2013가단58680

손해배상(자)

Text

1. The Defendants: (a) KRW 8,638,102 to each Plaintiff and KRW 5% per annum from April 26, 2012 to February 13, 2015.

Reasons

1. Occurrence of liability for damages;

A. On April 26, 2012, F: (a) around 22:17, 2012, F is deemed Defendant C Exchange Transport Co., Ltd. (hereinafter “Defendant Cirl Transport”).

) The G-si owned (hereinafter referred to as “Defendant-Motor vehicle”) is the owner of G-si.

) On the other hand, while driving the Jongno-gu Seoul Metropolitan Government H road along the three-lanes from the inland dong surface to the three-lanes, it was negligent in neglecting the duty of Jeonju City and left-hand turn on the left-hand side of the Do, the Plaintiff A, who crossed the road to the right-hand side from the left-hand side of the progress direction, was shocked into the left-hand side of the Defendant’s vehicle, and suffered an injury, such as the 2nd conjectr, etc. (hereinafter “instant accident”).

2) Plaintiff B is the husband of Plaintiff A, and Plaintiff C, D, and E are children of Plaintiff A, and Defendant Korea Passenger Transport Business Association is the mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including additional number), the purport of the whole pleadings

B. According to the fact of recognition of liability, the defendant Sam Tri Transportation is the operator of the defendant vehicle, and the defendant Samri Transportation Business Association is liable to compensate for the damages suffered by the plaintiff A due to the accident in this case as the mutual aid business operator of the defendant vehicle.

C. Limit of liability, however, there is negligence of crossing the road near the private road where the passage of the vehicle is frequent at night by the Plaintiff A, and such negligence shall be deemed to have caused the occurrence of the instant accident and the expansion of damage. Therefore, the Defendants’ liability shall be limited to 70% in consideration of this fact.

(30% of the above plaintiff's negligence ratio) 2. The same item shall be the same as the corresponding item of the attached Table of the calculation of damages, and 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 current value of damages at the time of the accident shall be calculated on May.