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(영문) 서울중앙지방법원 2016.09.09 2014가단5240245
손해배상(자)
Text

1. The Defendant’s KRW 43,179,466 for the Plaintiff and KRW 5% per annum from August 13, 2013 to September 9, 2016.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a bus C around 05:54 August 13, 2013 (hereinafter “Defendant vehicle”);

) On the part of the Plaintiff’s driver’s failure to perform the duty of safe driving, such as the duty of her driving at the front left side of the Defendant’s vehicle, the intersection was driven by the signal apparatus located in the middle distance along Pyeongtaek-dong, Pyeongtaek-si, by driving and driving the signal at the front side of the front line from the front line to the front side of the Defendant’s vehicle, and due to the negligence of neglecting the duty of safe driving, such as the duty of her driving at the front line, the said intersection was caused by the Plaintiff’s injury to the Plaintiff (hereinafter referred to as the “instant accident” in this case) by facing the front side of the D car volume of the Plaintiff’s driver’s driving, driving at the right side of the Defendant’s vehicle.

(2) The Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid contract for the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 2 through 5 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. However, according to the above evidence, the plaintiff's liability is limited to 70% of the defendant's liability on the ground that the plaintiff failed to perform his/her duty of care, such as entering the intersection where traffic control by signal apparatus is not performed at a speed of 40 K m or less per hour, while entering the intersection where traffic control by signal apparatus is not performed. This error is due to the occurrence or expansion of damage caused by the accident of this case, and thus, the defendant's liability is limited to 70%.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed table of calculation of damages shall be the same, and the period for the convenience of calculation shall be calculated on a monthly basis.

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