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(영문) 서울중앙지방법원 2014.01.08 2010가단133252
채무부존재확인
Text

1. In relation to the traffic accident stated in the attached list, damages against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) are assessed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. 1) A traffic accident listed in the separate sheet (hereinafter “instant accident”)

2) As a result, the Defendant suffered injury, such as a w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w

B. According to the above fact of recognition of liability, the plaintiff is liable for damages sustained by the defendant due to the accident of this case.

C. The limitation of liability: (a) the Defendant erred by failing to wear the safety labelling at the time of the instant accident; and (b) such error was caused by the occurrence and expansion of damage caused by the instant accident, and thus, it shall be considered in calculating the amount of damages to be compensated by the Plaintiff; (c) in light of the fact that there was a considerable probability that the Defendant would have been able to prevent the instant accident if he had worn the safety labelling at the time of the instant accident, and that other passengers except the Defendant would have not been in place of particular injury at the time of the instant accident, it is reasonable to view that such ratio was 20%

Therefore, the plaintiff's responsibility is limited to 80%.

【Ground of recognition】 The purport of the whole of the statements, images, and pleadings in Gap's evidence Nos. 1, 2, 13, and 16

2. In addition to the separate statements below the scope of liability for damages, it shall be calculated at present in accordance with the calculation method of the attached amount of damages as shown in the separate statement of calculation of damages (the interim interest at the rate of 5/12 per month shall be calculated at the simple interest rate, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but it shall be excluded that less than a month is included on the side where the amount is less than the original and less than the last month is included), and that the parties’ arguments are not separately explained.

Personal information on daily income: 1.

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