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(영문) 서울중앙지방법원 2016.11.04 2016나546
손해배상(자)
Text

1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the amount of the next order ordering payment regarding the principal lawsuit.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this part of the judgment of the court of first instance is the same as the part of the reasoning of the judgment of the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part of the decision of the court of first instance shall be limited to 3 pages of the decision; and

The limitation of liability for navigation shall be made as follows:

The Defendant asserts that the Defendant’s liability should be limited to not more than 70% in that the Plaintiff did not wear safety belts at the time of the accident, and that the Plaintiff was seated with each other. The Defendant asserts that the Defendant’s liability should be limited to not more than 70% inasmuch as the Plaintiff did not wear safety belts at the time of the accident. Meanwhile, there is no evidence to acknowledge that at the time of the accident, the Plaintiff could not immediately accept the amount of compensation for the Plaintiff’s convenience, such as the Plaintiff’s vehicle owner’s permission for the convenience and interest of the passengers, and the passenger received the provision for the convenience and interest of the passengers, in light of the purpose of operation, personal relationship between the passengers and the driver, the personal relationship between the passenger and the driver, the circumstance he took the vehicle, in particular, the purpose and active nature of the demand for the boarding, etc., if it is deemed very unreasonable in view of the principle of good faith or equity, the amount of compensation may be reduced, but the Plaintiff’s allegation that the Plaintiff was not more than the Plaintiff’s convenience at the time of the Plaintiff’s vehicle’s liability limitation on the Plaintiff’s vehicle.

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