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(영문) 서울중앙지방법원 2016.07.20 2015가단5165174
손해배상(자)
Text

1. The Defendant’s KRW 28,152,127 as well as the Plaintiff’s annual rate of 5% from October 5, 2014 to July 20, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

(a) 1) B, around October 5, 2014, 01:40, csi (hereinafter referred to as the “Defendant”)

) The plaintiff's driver's license and the driver's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder's license holder

2) The Plaintiff suffered injury, such as cutting the right fals of fals of fals of fals of fals of fals (hereinafter “instant accident”).

(2) The Defendant is a mutual aid association that entered into a motor vehicle mutual aid contract for the Defendant’s motor vehicle.

[Ground of recognition] Facts without dispute, Gap Nos. 1, 213 through 17 (including partial numbers), the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case as a mutual aid business operator of defendant vehicle.

C. At the time of the instant accident, the Plaintiff’s limitation of liability is operating the Plaintiff Oralb as a one-lane, not a designated lane, but the Plaintiff appears to have used one-lane for left-hand turn, and it is difficult to recognize the causal relationship between the instant accident and the designated lane. In light of the circumstances, it is difficult to deem that the Plaintiff was at fault.

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 information: as stated in the column for “basic matters” in the attached Form for calculation of damages: 2) Income and operating period: Urban Daily Wage, and October 2017.

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