(영문) 서울중앙지방법원 2014.10.14 2013가단267583

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Reasons

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.10.14 2013가단267583

손해배상(자)

Text

1. The Defendant’s KRW 145,845,545 as well as the Plaintiff’s annual rate from July 2, 2010 to October 14, 2014.

Reasons

1. Occurrence of liability for damages;

A. At around 02:05 on July 2, 2010, B is deemed to be the Defendant’s vehicle.

) A driving the Plaintiff, while proceeding along the direction direction of the E in Seodaemun-gu Seoul Metropolitan Government, from the area of Heungnam guard to the area of a well-known ambassador, the Plaintiff was faced with the injury, such as the front part of the Defendant’s vehicle, by shocking the front part of the Plaintiff’s driver’s non-registration at the time of the Plaintiff’s non-registration of 100 Orotoba, who was on the left part of the Defendant’s driving, who was on the part of the front part of the Defendant’s vehicle (hereinafter referred to as the “Defendant’s vehicle”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, 4, Eul evidence 1 to 11, 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 in this case as a mutual aid business operator of defendant vehicle.

C. The limitation of liability: (a) the Plaintiff, even without obtaining a motorcycle driver’s license, drives a motor vehicle without registration; and (b) the Plaintiff’s negligence is deemed to have caused the expansion of the instant damages; (c) thus, the Defendant’s liability is limited to 90% by taking account of the foregoing.

(10% 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 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 on lost income 1: It shall be as stated in the column for the "basic matters" in the attached Form for calculation of damages.

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