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(영문) 서울중앙지방법원 2016.05.25 2014가단5141331
손해배상(자)
Text

1. The Defendant’s KRW 26,956,576 for the Plaintiff and the following: 5% per annum from July 30, 2011 to May 25, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are the city bus C around 16:50 on July 30, 201 (hereinafter “Defendant vehicle”).

2) While driving a motor vehicle and driving a motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the city in front of the city in front of the city along the two-lane road in front of the Western market, the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the city in front of the city, was negligent in performing the duty of care to properly operate the operation of the motor vehicle and steering gear, the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the city, and the motor vehicle in front of the motor vehicle in front of the city

(2) The Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid contract for the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy Facts, Gap evidence 1 and 2 (including branch numbers if there are branch numbers); hereinafter the same shall apply)

(ii) Nos. (i) and (ii), and the purport of the entire pleading

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

C. Restrictions on liability: (a) the Plaintiff, as well as the Plaintiff, was negligent by walking along the roadway without walking along the delivery to which they should have to walk; and (b) as such, the Plaintiff’s error caused the occurrence and expansion of damages arising from the instant accident, it shall be considered in determining the amount of damages that the Defendant should compensate, but the ratio shall be set at 40% and limited to 60% of the Defendant

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.

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