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(영문) 서울중앙지방법원 2016.09.07 2014가단5013382
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 163,944,175, Plaintiff B, and C, respectively, and each of the said money from March 3, 2011.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The defendant is the defendant's DNA freight (hereinafter the defendant's vehicle).

On March 3, 2011, the Plaintiff B and C entered into a car mutual aid agreement with the Plaintiff’s parent. (2) On March 18, 2011, the Plaintiff B and C driven the Defendant’s vehicle parked on the 2165 Incheon Airport Cargo Terminal B and Cdong, Jung-gu, Incheon, Jung-gu, Incheon, and the Defendant’s vehicle parked on the 2165 Incheon Airport Cargo Terminal B and Cdong, and did not discover the Plaintiff who was parked on the front side of the Defendant’s vehicle parked on the front side of the front side of the Defendant’s vehicle and did not find the Plaintiff, who was parked on the front side of the front side of the Defendant’s vehicle, and suffered the injury of the Defendant’s vehicle, such as the disability of the knee kne, the skin, and the sub-con

(hereinafter referred to as the "accidents in this case"). 【No dispute exists, Gap evidence Nos. 1 through 4, 13, Eul evidence Nos. 4 through 17, and 40 (including partial numbers, hereinafter the same shall apply), the purport of the whole pleadings.

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

C. Although the limitation of liability is large in the error of E, which could not well see the front and the left and right, the instant accident place is without distinction between the vehicular road and the sidewalk, and the vehicle operation is frequently frequent. As such, the Plaintiff A was negligent in neglecting its duty to well look at the surrounding area despite the fact that the error was caused by the instant accident and the expansion of damage, and thus, the Defendant’s liability is limited to 85%.

(15% of the plaintiff's fault ratio) 2. The same item shall be the same as the corresponding item of the attached Table of the calculation of damages, and 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 current value calculation at the time of the accident shall be the one that deducts the interim interest calculated at the rate of 5/12 per month.

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