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(영문) 서울중앙지방법원 2015.12.09 2014가단5025088
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 163,908,923, and KRW 3,000,000 to Plaintiff B, the Defendant starting from October 30, 2011.

Reasons

1. Occurrence of liability for damages;

A. On October 30, 201, Plaintiff A driven a C Poter Cargo (hereinafter “Plaintiff”) around 12:50 on October 30, 201, resulting in injury to the Plaintiff’s vehicle located in F Ma-city bus (hereinafter “Defendant A”) before Eves in front of the Eve points located in Macheon-si D, due to protruding the rear part of the Plaintiff’s vehicle on the front side of the signal stop on the road.

(hereinafter referred to as the "accident of this case").

Plaintiff

B is the wife of the plaintiff A, and the defendant is the mutual aid business operator who entered into a motor vehicle mutual aid contract for the defendant's vehicle.

C. The plaintiff A suffered an injury due to the operation of the defendant's vehicle, and the defendant is liable to compensate the plaintiffs for the damages caused by the accident in this case.

[Ground of recognition] Each entry of Gap evidence 1 to 3, 8, Eul evidence 1 to 3 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. As to the Defendant’s claim on limitation of liability, the Defendant asserts that the Defendant’s liability should be limited, as the Plaintiff Company did not wear safety belts, and the damage was increased due to the Plaintiff’s failure to make the bark solid while stopping the signal atmosphere.

However, since there is no evidence to prove the facts alleged by the defendant, the defendant's above assertion is rejected.

3. Under the scope of the liability for damages, the following facts may be acknowledged by comprehensively taking into account the evidence of subparagraphs A through 14, the evidence of subparagraphs B and B, the results of physical entrustment to the president of the Katotol University, and the purport of all pleadings.

(Calculation's convenience period shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded. The current price calculation at the time of the accident of the amount of damages shall be in accordance with the fractional interest rate which deducts the interim interest at the rate of 5/12 per month. And it shall be rejected that the parties' arguments do not separately provide for.

Personal information on lost income (Plaintiff A): 53 years of age and 7 months of age at the time of the accident due to Garst.

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