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(영문) 서울중앙지방법원 2018.07.11 2017가단86645
손해배상(자) 청구의 소
Text

1. The Defendant’s KRW 56,481,321 as well as the Plaintiff’s annual rate from December 2, 2016 to July 11, 2018.

Reasons

1. Occurrence of liability for damages;

A. In fact 1) B, around 00:33 December 2, 2016, 2016, Csi (hereinafter “Defendant vehicle”).

) A driver’s operation of a road near Gyeyang-dong 992, Gyeyang-gu, Incheon, was driving a single-lane from the citruital bank surface to the citrual bank surface, and the central separation zone was shocked (hereinafter “instant accident”).

(2) The Plaintiff on board the Defendant’s vehicle suffered injury to the main part of the Defendant’s head, etc. due to the instant accident.

3) The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with respect to the defendant's vehicle (based on recognition). There is no dispute, and Gap evidence Nos. 1 through 3 (including paper numbers, the purport of the whole

B. According to the above facts, 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. Whether liability is limited or not, the Defendant asserted that the Defendant should limit the Defendant’s liability by taking account of the negligence that did not wear the safety labelling to the Plaintiff, but the above assertion is not accepted as there is no evidence to acknowledge it

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed Schedule of Calculation of Compensation, and the period for calculation convenience shall, in principle, 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 shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

It is rejected that the parties' arguments have not been separately explained.

Personal information 1) Personal data: as stated in the column for “basic matters” in the annexed sheet for calculation of damages amount: 2) Income and operating period: Urban Daily Wage in the ordinary part, the number of working days per month, and 3) residual disability and the rate of loss of labor ability by the Plaintiff’s 60 years old as sought: Plaintiff due to the instant accident, the rate of loss of labor ability due to drilling and permanent disability.

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