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(영문) 서울중앙지방법원 2016.01.29 2014가단207076

손해배상(자)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a DNA taxi (hereinafter “Defendant vehicle”) around 15:00 on November 21, 201, 201.

) A driving of the vehicle and driving of the vehicle from the 5rd parallel to the 6rd parallel parallel of way between the 4rd parallel of way to the 6rd parallel of way, and the 4rd parallel of way to the 4rd parallel of way, the plaintiff A driving of the vehicle and driving of the 4rd parallel of way to the 4rd parallel of way to the 4rd parallel of way to the 4rd parallel of way to the 1st parallel of way to the 1

(2) Plaintiff B is the spouse of Plaintiff A, and the Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with the Defendant’s vehicle.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1

(2) The grounds of appeal No. 1

B. According to the above recognition of liability, the defendant, who is the mutual aid business operator of the defendant vehicle, is liable for the damages suffered by the plaintiffs due to the accident of this case.

C. Limit of liability, however, the Plaintiff Company A also driven the Oral Seabs without well examining the traffic conditions surrounding areas under a license without permission. Such errors are deemed to have caused the instant accident and the expansion of damages. Therefore, the Defendant’s liability is limited to 70% in light of these 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 information: The same shall apply to the entry in the column for “basic matters” in the annexed sheet for calculation of damages: 2) Income and operating period: The Plaintiff operated E at the time of the instant accident and operated KRW 3,00,000 per month.