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(영문) 서울중앙지방법원 2017.09.07 2015가단212211
손해배상(자)
Text

1. The Defendant’s KRW 55,771,652 as well as the Plaintiff’s annual rate from March 28, 2015 to September 7, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 01:10 on March 28, 2015, driving Csi (hereinafter “Defendant vehicle”) at approximately 108 to 123km (limited speed 80km) at a speed, and driving a water-based industrial road located in Ansan-si at the time of Ansan-si at the flood of Incheon at the flood level, the Defendant vehicle was the center of the Defendant vehicle and the central separation zone was shocked due to the tent generated in the back wheel of the Defendant vehicle, while driving the Defendant vehicle at approximately 108 to 123km (limited speed 80km) at the speed.

(2) In the instant accident, the Plaintiff suffered bodily injury, such as the bones dyke, cerebral sye, etc., of the Defendant vehicle.

(3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement for the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 10 evidence or images (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

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

C. Limit of liability, however, the Defendant’s liability is limited to 95%, taking this into account, since the Plaintiff did not wear the safety labelling at the time of the instant accident and the damages therefrom were to have been expanded.

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the liability 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 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.

[Grounds for recognition] The facts without dispute, Gap 4, 11, Eul 1, and 2, and the result of the court's physical examination of the director of the Seoul Sungsung Hospital at the Tol University at this Court, the significant facts, empirical rules, and the purport of the whole pleadings.

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