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(영문) 대구지방법원서부지원 2020.12.24 2019가단56620
손해배상(자)
Text

The defendant's KRW 56,828,434 to the plaintiff and the plaintiff's 5% per annum from March 27, 2018 to December 24, 2020 and the following.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) On March 27, 2018, around 22:20 on March 27, 2018, the Plaintiff, who dried the crosswalk for D secondary school fixed crosswalk C in Daegu-gu, Daegu-gu, is a F-business taxi operated by E (hereinafter “Defendant vehicle”).

(A) The occurrence of the shocked traffic accident occurred (see, e.g., see the Verification Board of the Traffic Accidents No. 1; hereinafter “instant traffic accident”).

2) In the instant traffic accident, the Plaintiff suffered injury, such as the trokele of the slives of the slives of the slives of the slives of the slives of the slives of the slives, the

3) Meanwhile, the defendant is a mutual aid business operator who entered into a mutual aid agreement for the defendant's vehicle (the fact that there is no dispute over grounds for recognition, Gap's 1 through 3, 7, and Eul's 1 through 3, and the purport of the whole pleadings and arguments.

B. According to the facts seen earlier, the instant traffic accident occurred due to the negligence of E who drives the Defendant’s vehicle, and the Defendant is obligated to compensate the Plaintiff for the damages incurred pursuant to the mutual aid agreement concluded with respect to the Defendant vehicle.

C. The limitation of liability was at night at the time of the occurrence of the instant traffic accident, and the location of the accident was a crosswalk without signal, so the Plaintiff was negligent in neglecting the traffic of the vehicle even though he should have exercised due care by properly examining the surrounding areas. Since the Plaintiff’s negligence caused the occurrence and expansion of the damage caused by the instant traffic accident, the Defendant’s liability is limited to 85% for the fair apportionment of the damage.

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 discount method that deducts the interim interest calculated at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

-based;

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