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(영문) 서울중앙지방법원 2019.09.27 2017가단5025027
손해배상(자)
Text

1. The Defendant’s KRW 11,759,987 as well as the Plaintiff’s annual rate of 5% from March 18, 2016 to September 27, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is D Launa taxi (hereinafter “Defendant”) around 22:05 on March 18, 2016, around 22:05.

2) On the other hand, by driving a vehicle and driving along the e-mail along the forest intersection in front of the e-mail at the e-mail of the military, the said intersection was in conflict with the taxi that was in direct direction from the e-mail to the fire station distance from the e-mail in line with the signal while driving along two lanes from the e-lane to the e-mail of the e-mail (hereinafter the said traffic accident is referred to as the "accident").

(2) The Plaintiff, as a passenger of the Defendant vehicle, was on board the rear seat of the Defendant vehicle, suffered injury, such as the pele and heat of the bones, the right eye, etc. due to the instant accident.

3) The defendant is a mutual aid business operator who entered into a mutual aid agreement with the defendant vehicle. The defendant is a mutual aid business operator who entered into a mutual aid agreement with the defendant vehicle. The fact that there is no dispute over grounds for recognition, Gap evidence 1, 8, Eul

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiff for damages caused by the instant accident as a mutual aid business operator, barring any special circumstance, since the plaintiff sustained an injury due to the operation of the defendant's vehicle.

C. Limit of liability: Provided, however, considering the overall purport of the pleading in the statement No. 3 of the evidence No. 3, the Plaintiff’s failure to wear a safety level mark was found, and considering the circumstances surrounding the instant accident and the circumstances before and after it, the Plaintiff’s mistake is deemed to have caused an expansion of damages. Therefore, the Defendant’s liability is limited to 90% by taking this into account in calculating the amount of damages that the Defendant should compensate for.

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 amount of damages shall be calculated at the rate of 5/12 per month.

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