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(영문) 서울중앙지방법원 2016.01.27 2013가단103771
손해배상(자)
Text

1. The Defendant’s KRW 76,77,775 for the Plaintiff and KRW 5% per annum from October 30, 2012 to January 27, 2016.

Reasons

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

A. On October 30, 2012, at around 00:00, the Plaintiff suffered injuries, such as a light fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral flu

(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 contract for the motor vehicle of this case.

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

However, the plaintiff also has the duty of care to cross the road while paying attention to the driving of the vehicle, the accident of this case occurred on the side road in which the house is not divided into two lanes at night, and the liability of the defendant is limited to 90% by taking into account all the circumstances, such as the fact that the vehicle of this case is a taxi.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, Eul evidence Nos. 2 and 3 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The following facts within the scope of liability for damages may be acknowledged, either in dispute between the parties, or in full view of the statements in Gap’s 3 through 7, Eul’s 1 through 5, and the results of the physical examination commissioned to the head of the Katol University Seoul Epi Hospital and the fact inquiry, and the purport of all pleadings

(Calculation's convenience period shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded. The current price calculation at the time of the accident of the amount of damages shall be in accordance with the fractional interest rate which deducts the interim interest at the rate of 5/12 per month. And it shall be rejected that the parties' arguments do not separately provide for.

Personal information on daily income: The period of hospitalization by the date of reaching the age of 60, which is calculated by urban daily wage, the average working days of a month: The period of hospitalization by the date of reaching the age of 60: The plaintiff shall be until April 9, 2013 after the accident of this case.

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