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(영문) 서울중앙지방법원 2017.09.13 2015가단187827
손해배상(자)
Text

1. The Defendant’s KRW 81,004,296 for the Plaintiff and KRW 5% per annum from November 17, 2013 to September 13, 2017.

Reasons

1. Facts of recognition;

A. B around 00:42 on November 17, 2013, at the Yangcheon Public Truck depot located in Yangcheon-gu Seoul, Yangcheon-gu, Yangcheon-gu, Seoul (hereinafter “Defendant vehicle”) left the door of the garage at the seat of the garage office at the seat of the garage, and the Plaintiff’s inside part of the front part of the Defendant vehicle, who walked to the right right from the left side of the Defendant vehicle running on the left side, was shocked by the front part of the left side of the Defendant vehicle.

(hereinafter “instant accident”).

B. The Plaintiff suffered bodily injury, such as climatic flafing, without an open room in head due to the instant accident.

C. The defendant is a mutual aid business operator who entered into a mutual aid agreement for the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 to 3 evidence (including partial number), the purport of the whole pleadings

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

A. According to the above recognition of liability for damages, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident in this case as a mutual aid business operator.

B. Limit of liability, however, the plaintiff also committed an error close to the vehicle in operation at night in the vehicle where traffic is frequent, and the above negligence of the plaintiff was caused by the occurrence and expansion of damage, and thus, it shall be considered in determining the amount of damage to be compensated by the defendant, but it is reasonable to view that such ratio exceeds 30%.

The defendant's liability is limited to the remaining 70%.

3. In principle, the period for calculating the scope of liability for damages shall be calculated on a monthly basis, but the amount of less than the last month and less than KRW 10 shall be discarded;

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

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

(3) The age at the time of the accident: 47 years old, and 47 years old, income, operation period, and monthly operation days:

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