(영문) 서울중앙지방법원 2021.02.05 2018가단5194845

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2021.02.05 2018가단5194845

손해배상(자)

Text

The defendant's 212,962,694 Won and its related 5% per annum from March 2, 2018 to February 5, 2021 to the plaintiff.

Reasons

1. Occurrence of liability for damages;

A. A. The facts of recognition 1) around 08:40 on March 2, 2018, C driven a D SP car (hereinafter “Defendant vehicle”) and driven the intersection of which is 5546 on a day-to-day one-day-day-day-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement for Defendant vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 4 (including each number; hereinafter the same shall apply) or video, the result of the commission to the head of the F Hospital of this Court for physical appraisal, the result of inquiry, the purport of the whole pleadings

B. According to the above facts, the Plaintiff was injured by the operation of the Defendant’s vehicle, and the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident.

(c)

However, the limitation of liability is limited to the following circumstances: (a) the driver of the Defendant vehicle enters the intersection in violation of the signal, namely, the following circumstances that can be seen by comprehensively taking into account the description or image of each evidence as seen earlier; (b) the driver of the Defendant vehicle, however, after the said vehicle entered the intersection through the slowly, the Plaintiff went against the Defendant vehicle without speeding; and (c) the Plaintiff was negligent in neglecting the duty to provide the front door to the Plaintiff; and (d) the Plaintiff’s error caused the occurrence or expansion of the damage caused by the instant accident.

Therefore, the defendant's liability is limited to 90% by taking this into account in calculating the amount of damages to be paid by the defendant.

2. The Plaintiff’s damages within the scope of liability for damages are as follows:

A period for the convenience of calculation shall be monthly.

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