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(영문) 서울중앙지방법원 2020.06.05 2019가단5037635

손해배상(자)

Text

1. The Defendant’s KRW 50,911,841 as well as the Plaintiff’s annual rate from October 19, 2018 to June 5, 2020.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a D bus around 15:00 on October 19, 2018 (hereinafter “Defendant vehicle”).

) A driving of the Plaintiff, while proceeding as the Olympic Games near the Gangnam-gu Seoul Cheongdong, and shocking the back part of the Plaintiff’s E-car (hereinafter “instant accident”).

2) The Plaintiff sustained an injury, such as the escape from the external signboard, etc., due to the instant accident.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle (based on recognition). The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle (based on recognition), without dispute, evidence Nos. 1, 2, and 3, and evidence No.

each entry or video of this Court, the inquiry results of the F Hospital Head of this Court, the results of the commission of physical appraisal, the purport of the entire pleadings.

B. According to the above facts, the Plaintiff was injured by the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant, who is a mutual aid business entity, is liable to compensate the Plaintiff for the damages caused by the instant accident.

2. The Plaintiff’s damages within the scope of liability for damages are as follows:

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of 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.

In addition, it is rejected that the parties' arguments are not stated separately.

[Ground of recognition] A without dispute, Gap evidence Nos. 3 through 6, Eul evidence Nos. 2 and 5, fact-finding results and physical appraisal results with respect to the F Hospital Head of this Court, the fact-finding results with respect to the F Hospital Head of this Court, and the purport of the whole pleadings

A. Personal information 1) Personal information: G students, male, and accident 44 years old and 9 months old and 6 years old at the time of the accident: The amount of monthly income of KRW 4,551,00 until they reach the age of 60, and the urban daily wage of KRW 65 until they reach the age of 60 (22 days a month) as a certified judicial scrivener at the time of the accident.