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(영문) 서울중앙지방법원 2015.04.24 2013가단174216
손해배상(자)
Text

1. The Defendant’s KRW 39,227,356 as well as the Plaintiff’s annual rate from November 18, 2012 to April 24, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B driving a cab around 02:00 on November 18, 2012 (hereinafter “Defendant vehicle”) and driving ahead of the E convenience store located in North Korea-gu at the port of port along one lane in the direction of the same oil station in the direction of the port of port of port. The Mamenmen’s room in the course of following the median line while the median line was pushed into the central line and bypassing it to the direction of the E convenience point.

The plaintiff's driver's FOba, who had been going directly to the direction of the E convenience store, which is a main road, from the alley direction, was injured by the shock, such as mincation and mincation of the upper right side, including the mincation and mincation of the upper side.

(2) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle.

【Ground for Recognition: Unsatisfy, Gap evidence 3, 4, 10 (including branch numbers if there are branch numbers); hereinafter the same shall apply

(2) Each entry and the purport of the whole pleading

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

C. However, according to the above evidence, the plaintiff was under drinking condition of 0.084% of blood alcohol concentration at the time of the accident in this case, and the plaintiff was found to have failed to detect and avoid the defendant's vehicle due to its influence. Thus, the plaintiff's error was caused by the accident in this case. Thus, the defendant's liability is limited to 90% by comprehensively taking into account all the circumstances revealed in the arguments in this case, such as the plaintiff's negligence, the circumstances surrounding the accident in this case, the injury and the degree of injury, and treatment progress.

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 amount of damages shall be calculated at the rate of 5/12 per month.

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