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(영문) 서울남부지방법원 2021.02.03 2019가단8331
손해배상(자)
Text

1. As to KRW 134,963,908 and its KRW 124,963,908 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 10,000 from December 28, 2017.

Reasons

1. Occurrence of liability for damages;

A. At around 18:03 on December 28, 2017, C, as shown in the attached Form 1, driving a two-lane road of the front direction of the E-lane D in Ansan-si, Ansan-si, the Plaintiff’s two legs, where the left-hand turn-hand turn-on at the direction of the entrance direction of the shock effect, i.e., the left-hand turn-on (hereinafter “the instant accident”). (2) The Plaintiff suffered injury, such as cutting off off the slot pipe, etc., which was not left-hand on the left-hand side, due to the instant accident.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement for Defendant vehicle.

[Grounds for Recognition] The facts without dispute, Gap 1 through 9, Gap 11's entries or videos (including numbers for each item; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator of defendant vehicle.

(c)

The defendant asserts that the liability of the defendant should be limited because the plaintiff was negligent in confirming the progress of large buses in crossing the crosswalk and neglecting his/her duty to ensure safety while avoiding them. However, the defendant erred by neglecting his/her duty of care in that the location of the accident in this case is the location where almost completed crossing the crosswalk.

Since the defendant's assertion cannot be seen, it is rejected.

2. Except as otherwise stated below within the scope of the liability for damages, each item of the Schedule for Calculation of Compensation Amount of Attached 2 Damage shall be the same as that of the corresponding item, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 2 shall be discarded.

The calculation of the current value at the time of the accident shall be governed by the discount law that deducts the interim interest at the rate of 5/12 per month.

In addition, the parties' arguments are not stated separately.

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