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(영문) 서울중앙지방법원 2017.08.22 2016나71128
손해배상(자)
Text

1. Of the judgment of the first instance court, the part against the plaintiffs corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. The reasons why the court should explain this part of the liability for damages are as follows, and this part of the judgment of the court of first instance is as stated in the corresponding part except in the following cases. Thus, this part of the judgment of the court of first instance is cited by the main sentence of Article 420 of the Civil Procedure Act

C. According to the above facts and evidence admitted as limitation of liability, it is recognized that the Defendant’s vehicle could have seen the headlights of the damaged front of left-hand turn. The instant accident caused the Defendant’s negligence, which caused the Defendant’s vehicle’s failure to safely turn to the left-hand turn in a manner that does not interfere with its operation by properly examining the flow of the vehicle driven at the left-hand turn while making a turn to the left-hand turn.

I would like to say.

However, it is recognized that the deceased has operated a speed exceeding 34.2km/h, and even if such mistake cannot be viewed as a cause of the instant accident, it shall be deemed that at least contributed to the expansion of damage caused by the said accident in light of the background of the instant accident and shock parts, etc., so the defendant's liability shall be limited to 80% in consideration of all the circumstances shown in the pleading.

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.

Personal information 1) Personal information: as stated in the annexed sheet for calculation of damages: (ii) income and operating period: urban daily wage and (iii) living cost deduction until they reach the age of 60: Calculation of lost income 1/34): Attached table for calculation of damages.

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