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(영문) 서울북부지방법원 2018.08.17 2016가단125627
손해배상(자)
Text

1. The Defendant: (a) KRW 399,742,895, and KRW 5% per annum from March 23, 2015 to March 28, 2018; and (b) the Plaintiff.

Reasons

1. Facts of premise;

A. The Defendant, around 17:00 on March 23, 2015, carried the Plaintiff, who is a workplace partner, on the backwards of the Otoba (hereinafter “Defendant”) for the purpose of returning the Plaintiff, and the Defendant was proceeding two-lanes of the three-lane roads of the 181st Do road in the Gui-si, Dongi-si, Dongi-si, Dongi-si, and the 181st Do 3rd Do 181, from the backsides to the

B. However, the Defendant caused an accident in which the part of the left side of the passenger vehicle, which was proceeding three lanes on the right side of the Defendant’s vehicle, while changing the vehicle rapidly into three lanes on the other side of the Defendant’s vehicle (hereinafter “instant accident”).

C. The Plaintiff, without wearing a safety cap, on board the Defendant’s vehicle, suffered from injury, such as pelkes, brakes, cerebral lebrode, etc. (hereinafter “the instant injury”), and on the other hand, the Defendant vehicle is a non- mandatory insurance vehicle.

[Reasons for Recognition] 1 and 9 Evidence A

2. Determination

A. According to the facts of occurrence of liability for damages and the premise of limitation of liability, the instant accident occurred due to the Defendant’s mistake that changed the lane rapidly without examining the risk factors properly, and thus, the Defendant is liable to compensate for the damages suffered by the Plaintiff.

However, the defendant's liability is limited to 80% in consideration of the fact that the plaintiff was accompanied by the accident of this case and the plaintiff did not wear a safety cap for returning home, which is a workplace club.

(b)In principle, the period of time for calculating the range of liability for damages shall be calculated on a monthly basis, but less than the last month and less than the last won shall be discarded.

The calculation of the current price at the time of the accident shall be based on the method of simple interest deduction at the rate of 5/12 per month.

It seems to be rejected that the parties' arguments have not been separately explained.

(1) The Plaintiff’s personal information and maximum working age are reduced to 40% compared to the normal person on the basis of the date of the accident and 10.92 years.

C ⑵ 소극적 손해 현가액 141,051,067원 ㈎...

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