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(영문) 서울남부지방법원 2019.08.28 2017가단259265
손해배상(자)
Text

1. The Defendant: (a) KRW 8,19,960 to Plaintiff A; and (b) KRW 41,218,309 to Plaintiff B; and (c) from June 13, 2017 to August 28, 2019 to Plaintiff B.

Reasons

1. Occurrence of liability for damages;

A. 1) D is a chartered bus (F; hereinafter referred to as “Defendant vehicle”) owned by E at the 2775 three-distance Intersection as of June 13, 2017 in the north-gu, Northern Sea at the port on June 13, 2017.

) While the left-hand turn-hand from the Gelon signal after temporary stop at the Gelon side of the Gelon plane, the front part of the vehicle (H; hereinafter referred to as the “Plaintiff”) driven by the Plaintiff B with the yellow on-and-off signal and the left-hand part of the lower part of the vehicle (hereinafter referred to as the “instant accident”).

(2) As a result, Plaintiff B suffered injury, such as the upper half of the left-hand frame, and the Plaintiff’s vehicle was damaged. 2) The Plaintiff as the owner of the Plaintiff’s vehicle, is the Plaintiff’s wife, and the Defendant is the mutual aid business operator of the Defendant’s vehicle.

[Ground of recognition] Each entry in Gap 1, 2, 4, 1, 2, 1, 2, Gap 3, 2, and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident of this case as a mutual aid business operator of defendant vehicle.

C. The Defendant’s liability is limited to 60% by comprehensively taking into account the point of the instant accident, time, the damaged parts and degree of the Plaintiff’s vehicle and Defendant’s vehicle, the damaged parts and degree of the Plaintiff’s injury, the circumstances and consequences of the instant accident, etc.

2. Scope of liability for damages

A. The Plaintiff A’s claim is determined as follows: (a) where an article was damaged due to a vehicle damage by an illegal act; (b) the damage is a decrease in the value when the repair is possible; (c) the exchange value when the repair is impossible; and (d) the amount calculated by deducting the scrapping price from the exchange value at the time of the accident (see, e.g., Supreme Court Decisions 98Da3016, Mar. 27, 1998; 91Da5150, Jul. 12, 1991; 81Da8, Jun. 22, 1982).

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