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(영문) 서울중앙지방법원 2016.01.27 2013가단334445
손해배상(자)
Text

1. The Defendant’s KRW 126,140,419 as well as the Plaintiff’s annual rate from July 27, 2010 to January 27, 2016, and the following.

Reasons

1. Occurrence of liability for damages and limitation on liability;

A. On July 27, 2010, the Plaintiff driven a two-wheeled vehicle on July 17, 2010, while driving the three-lane road in front of the post office 113-1, Jung-gu, Seoul, Jung-gu, Seoul, using three-lanes from the boundary of the new intersection to the boundary of the new intersection. The Plaintiff suffered injury, such as damage to the left-hand leg by facing the back of the above taxi and the back of the new intersection for his getting his passengers of B-si (hereinafter referred to as “Defendant taxi”), resulting in the injury to the left-hand leg, damage to the front-hand stife, the front stife and the front stiff, and damage to the part of the Arabic.

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

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

C. Since the instant accident occurred due to the operation of Defendant taxi, the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident.

However, in light of all the circumstances, the defendant's liability is limited to 65% of the total damage, taking into account all the circumstances, such as the fact that the defendant taxi was also parked in the three-lane, and the defendant's duty of care to operate the two-wheeled vehicle was due to due care to the possibility of getting off the taxi passenger, the fact that the vehicle was a serious condition at the time of the accident, and the plaintiff was driving the two-lane vehicle with the three-lanes

(A) The defendant alleged that the defendant taxi driver caused emergency collapse, etc., but there is no evidence to acknowledge it) / [based on recognition] Gap evidence 1, 2, Eul evidence 3, and the purport of the whole pleadings.

2. The following facts within the scope of liability may be established, either in dispute between the parties, or in full view of the statements in Gap evidence 2 to 22, Eul evidence 2, the testimony of the witness C, the testimony of this Court to the President of the Gyeonghee University Hospital, and the results of the commission of physical examinations to the President of the Gangnamnam University Hospital and the purport of the entire pleadings

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages is present.

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