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(영문) 서울중앙지방법원 2014.02.14 2011가단222555
손해배상(자)
Text

1. The Defendant’s KRW 41,592,361 as well as the Plaintiff’s KRW 5% per annum from December 16, 2009 to February 14, 2014.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 02:30 on December 16, 2009, B used the rocketing taxi to drive and go to the Government from the side of Seoul, which led to the three-lane signal signaled from three-lanes among five-lane 5-lanes in order to go to the driving of the rocketing-si taxi.

At this time, ENEW ENF rocketing car of the D Driving, which was followed, concealed the back portion of the said rocketing taxi, and due to its shock, the said rocketing taxi was pushed ahead in the future, and led the G Aburt-lurd car of the F Driving who is signaled at the front of the train.

(2) The Plaintiff, the passenger of the rocketing taxi, suffered from the injury of the Gyeongdoum dump base, the cump base, the cump salt, etc. due to the instant accident.

(3) The Defendant is a mutual aid business entity that entered into a mutual aid agreement for the said rocketing taxi.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

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

C. The Defendant’s limitation of liability asserted that the Plaintiff was negligent in failing to wear the safety labelling at the time of the instant accident, but the parts of the Plaintiff’s injury alone are insufficient to recognize it, and there is no other evidence to prove it, and thus, the Defendant’s above assertion

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.

(1) Personal information: The same shall apply to the basic matters in the attached Form of damages calculation sheet.

(ii).

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