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(영문) 서울중앙지방법원 2018.11.30 2016가단5272741
손해배상(자)
Text

1. The Defendant’s KRW 14,217,436 to the Plaintiff, as well as 5% per annum from June 26, 2015 to November 30, 2018.

Reasons

1. Occurrence of liability for damages;

A. At around 09:00 on June 26, 2015, B is a vehicle C (hereinafter “Defendant vehicle”).

) The Plaintiff’s bicycle driver’s bicycle driving on the right side of the Defendant’s vehicle, driving on and entering the four-lane road in front of the E in Chuncheon City D, bypassing to the right side of the hot distance from the five-lane to the south: (a) the Plaintiff’s bicycle driving on the right side of the Defendant’s vehicle was shocked to the front part of the Defendant’s vehicle (hereinafter “the instant accident”).

2) According to the instant accident, the Plaintiff suffered from the injury to the left-hand slots, the left-hand slots, and the Plaintiff’s injury to the Plaintiff’s side-side salt, etc. on the left-hand slots.

3) The defendant is a mutual aid business operator who entered into a mutual aid agreement for the defendant's vehicle. The defendant is a mutual aid business operator who entered into a mutual aid agreement for the defendant's vehicle.

B. According to the above fact of recognition of liability, the plaintiff sustained an injury due to the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as the mutual aid business operator of the defendant vehicle.

C. The limitation of liability is limited, however, that the plaintiff, as the plaintiff, was negligent in neglecting his duty to safely operate his vehicle by driving the vehicle, taking due care of the movement of the defendant vehicle, driving the vehicle behind the defendant vehicle, etc., in a case where he inevitably drives the vehicle on delivery because he was well aware of the situation that the vehicle will start immediately after driving the vehicle in order to enter the vehicle. Therefore, in calculating the amount of damages to be compensated by the defendant, the plaintiff's negligence should be considered as 25%, but the defendant's responsibility should be limited to 75%.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed Schedule of Calculation of Compensation, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

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