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(영문) 서울중앙지방법원 2020.09.16 2019가단5145451
손해배상(자)
Text

1. The Defendant: KRW 4,500,000 to Plaintiff A; KRW 500,000 to Plaintiff B; and KRW 250,000 to Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. On May 17, 2018, at least 00:45, Nonparty F, while driving I cab (hereinafter “instant taxi”) at the shooting distance prior to H elementary school located in Gangdong-gu Seoul Metropolitan Government on May 17, 2018, the fact that the front left left part of the Plaintiff A driving’s J car at the time was shocked to the left part of the front left part of the instant taxi (hereinafter “instant accident”), and the Plaintiff A suffered injury due to the instant accident; the Defendant entered into a mutual aid agreement on the instant taxi; the Plaintiff’s wife, C, and D’s children do not conflict between the parties; or the purport of the entire pleadings as indicated in subparagraphs 1 through 3, and 4-1.

B. According to the above facts of recognition of liability, the plaintiff was injured due to the operation of the taxi of this case, and the defendant, who is the mutual aid business operator, is liable to compensate for the damages incurred therefrom, barring any special circumstances.

C. Whether to limit liability or not, the Defendant asserted to the effect that the Plaintiff was erroneous by failing to wear a safety level mark, but it is not acceptable as there is no evidence to acknowledge the above assertion.

2. The scope of the plaintiffs' damages liability is as follows.

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of 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.

Plaintiff

A 1) The gender of male : The age of male : K 6 years old at the time of the accident: The life expectancy remaining until February 19, 202, which is the physical assessment date, shall be deemed to have a female life group of 80.7% as of February 19, 202, and shall be until November 25, 203.

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