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(영문) 서울중앙지방법원 2017.11.24 2014가단5279953
손해배상(자)
Text

1. The Defendant: (a) KRW 7,000,000 for the Plaintiff and 5% per annum from November 24, 2012 to November 24, 2017; and (b) the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around November 24, 2012, B:18:20 on November 24, 2012, 201, B is the Defendant vehicle.

) The driver was a place where the U.S.A. was a place where the U.S.A. was in progress, leading the U.S. car, leading the U.S. car and driving the road into the Defendant, leading the Plaintiff to the injury, such as the J.S. A., the U.S. car, leading the U.S. car, leading the Plaintiff to the Defendant. (hereinafter “instant accident”).

(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 2, 3 evidence, Eul 2-4 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

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

However, the plaintiff is also at fault of moving the hand of the vehicle without properly examining it, and such negligence is deemed to have contributed to the occurrence of the accident in this case and the expansion of damage, so the defendant's responsibility is limited to 70%.

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.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal data: 2) Rate of Loss of Labor Capacity due to limitation, etc. on exercise on the right right side of the disability and the rate of Loss of Labor Capacity, permanent disability in the attached Table for Calculation of Compensation for Damages.

B. On-the-job income: The plaintiff rejected the plaintiff, while operating the rice tea house at the time of the accident in this case, 3 million won per month.

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