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(영문) 서울중앙지방법원 2018.04.03 2017나64011

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for the court’s explanation concerning this part of the “Restrictions on Liability” is as stated in the corresponding part of the judgment of the first instance except for the addition of the following in the last part of the “Restrictions on Liability,” and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

(C) As to the limitation of liability, the Plaintiff asserted that the above negligence of the Defendant vehicle driver is more than the Plaintiff’s negligence without permission since the Defendant vehicle had been negligent in passing the vehicle to the right side while driving the vehicle ahead of it, but the evidence alone submitted by the Plaintiff is insufficient to recognize the above negligence of the Defendant vehicle driver, and there is no other evidence to acknowledge it (in light of the video and the voice (Evidence A No. 16) recorded, the Defendant vehicle at the time changed the lane to the right side, but it does not seem to have been for the purpose of passing the vehicle ahead, but it does not seem to have been for the purpose of passing the vehicle ahead, but the voice appears to have been dialogueed with the other passengers, which seems to have been a dialogueed voice of the other passengers).

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.

It shall be rejected that the parties' arguments are not separately explained.

The actual income tax data: The actual income shall be recorded in the column of "basic matters" in the attached Form of the damages calculation sheet.

The Plaintiff’s name of the term of lease is presumed to be 4.39 years, which is 10% of the normal person from the date of appraisal, and therefore, May 13, 2021 is deemed to be the date of expiry of the name.

The actual income and operating period: urban daily wage, 22th day of each month, and 60 years of age as claimed by the Plaintiff during the operation period.