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(영문) 서울중앙지방법원 2019.01.23 2017가단5004181
손해배상(자)
Text

1. The Defendant: (a) KRW 165,00,000 for the Plaintiff and KRW 5% per annum from August 13, 2015 to January 23, 2019; and (b).

Reasons

1. Occurrence of liability for damages;

A. Fact 1) On August 13, 2015, the Plaintiff is the Plaintiff’s vehicle CA (hereinafter “Plaintiff”) around 20:30 on August 13, 2015.

) A person operating a racing and going to the left at the coast-distance intersection located in the outside-dong Eup/Myeon/Dong-dong Coastal Sea. While, in violation of the vehicle signal, he/she left to the left from the Ulsan-ri area, he/she is the E-vehicle of D Driving, which was directly engaged in yellow signal on the side of the racing with Ulsan-domination on the side of the racing (hereinafter “Defendant”).

) The collision with the other (hereinafter referred to as “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered bodily injury, such as an injury to the Plaintiff, i.e., a external wound-free wound-free wound-free wound-free wound-free wound-free wound-free wound-free wound-free wound-free mail, a closed-free wound-free bed, a e-mail bed, and an external watch-free bed.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the Defendant’s vehicle. According to the fact of recognition of liability, the Defendant is liable for damages incurred by the Plaintiff as a mutual aid business entity for the Defendant’s vehicle, barring any special circumstance, as the Plaintiff was injured due to the operation of the Defendant’s vehicle. (c) Although the Defendant’s vehicle subject to limitation of liability was at fault of entering the intersection as it is on yellow signal, the Plaintiff’s vehicle was in contravention of the vehicle signal, and the Plaintiff’s vehicle was at the left-hand turn in the red signal, and in light of these circumstances, it can be deemed that the Plaintiff’s negligence on the part of the Plaintiff’s vehicle was considerably affected, and thus, it is reasonable to limit the Defendant’s liability to 30% for the fair and reasonable apportionment of damages. 【Recognition’s ground for recognition’s absence of dispute, the entry and image of each description and image of the number, the purport of the entire pleadings in this court, as a whole

2. In addition to the matters to be stated separately below the scope of liability for damages, the relevant item of each calculation sheet 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.

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