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(영문) 서울중앙지방법원 2018.12.19 2017가단5244927

손해배상(자)

Text

1. The Defendant’s KRW 26,797,882 as well as the Plaintiff’s KRW 5% per annum from March 18, 2014 to December 19, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D cab around 05:18 on March 18, 2014 (hereinafter “Defendant vehicle”).

) A driver of Yeongdeungpo-gu Seoul Metropolitan Etel (hereinafter “instant accident”) led the Plaintiff to the right side of the crosswalk from the left side of the proceeding direction while driving the two-lanes from the three-lanes in front of the Yeongdeungpo-gu Seoul Metropolitan Etel to the wheel-do road.

2) The Plaintiff suffered injuries, such as cage cage cages, etc.

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 fact that there is no dispute, Gap Nos. 1, 2, and Eul No. 2 (including virtual 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. As to the claim on the limitation of liability, the defendant asserts that the liability of the defendant should be limited because the plaintiff neglected to cross the road by taking into account the surrounding circumstances, such as whether a pedestrian crossing passes the road, etc., and the plaintiff neglected to cross the road. However, there is no evidence to support that the plaintiff did not properly examine the surrounding traffic conditions, etc. while cutting the crosswalk, the above argument by the defendant is without merit.

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: The attached Form "basic matters" column shall be as stated in the calculation sheet of damages.

(b)Topher disability: due to the stoves of the right stoves; and