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(영문) 서울중앙지방법원 2015.05.14 2014나17670
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount of money ordered to be paid below against the plaintiff A.

Reasons

1. Occurrence of liability for damages;

A. On March 16, 201, at around 20:50, E driven a Fro-type taxi (hereinafter “Defendant vehicle”) and proceeded by moving the Hmaart front road located in Eunpyeong-gu Seoul Metropolitan Government into the plane tunnel room from the search station to the plane tunnel room. On the other hand, the Plaintiff Company A, who was cut off the crosswalk in front of the driver’s seat of the Defendant vehicle, was shocked with the front wheels part of the Defendant’s driver’s seat, thereby causing injury to the Defendant Company A, such as a chest-gu spood spoo on the left side.

(hereinafter “instant accident”). (2) Plaintiff B’s spouse, Plaintiff C, and D are children of each Plaintiff.

The defendant is a mutual aid business operator who has entered into a taxi mutual aid contract with the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 12, and 13 (including each number, if any) and the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is liable for the damages suffered by the plaintiffs due to the accident of this case.

C. However, the limitation of liability is limited: (a) the Plaintiff was at night going beyond the crosswalk at night; (b) was erroneous in the instant accident; and (c) such errors led to the occurrence of the instant accident and the expansion of damages.

Therefore, the defendant's liability is limited to 70% by taking the above negligence into account 30%.

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.

(a) Personal information on lost income (1): as stated in the column for “basic matters” in the annexed amount of damages calculation sheet.

(2) Occupation, income and operation period: Before the instant accident occurred by the Plaintiff.

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