logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.05.14 2014나15025
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Occurrence of liability for damages;

A. 1) B is the basis for the responsibility of the Plaintiff’s cab (hereinafter “Defendant’s cab”) in the state of getting off at around 02:50 on June 27, 2010.

2) On the other hand, the Plaintiff’s right-hand side of the Defendant’s vehicle without permission is shocked into the front part of the left-hand part of the Defendant’s vehicle and exceeded the Plaintiff, while driving the vehicle and driving the vehicle into the front part of the lower-hand part of the lower-hand part of the road, which led the Plaintiff to suffer injury, such as an excessive flading on the left-hand side of the Defendant’s vehicle, by neglecting the duty of front side and right-hand side, and neglecting the duty of front side and right-hand side (hereinafter “instant accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the taxi with respect to Defendant taxi.

B. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. The limitation of liability: (a) it is reasonable to deem that the Plaintiff was erroneous in crossinging a four-lane road without permission in the state of getting off the road in the middle of the night, and that such error contributed to the occurrence of the instant accident and the expansion of the damage therefrom; (b) therefore, the Defendant’s liability is limited to 45% by taking into account the negligence ratio of 55%.

[Ground of recognition] In without dispute, Gap evidence 3, Gap evidence 4-1 to 9, 11, Gap evidence 1-1 to 5, Gap evidence 13-1 to 6, Eul evidence 2 and 4, the result of this court's examination of black records and video, the purport of the whole pleadings

2. In addition to the separate statements below the scope of the liability for damages, the current calculation shall be made in accordance with the calculation method in the attached Form No. 12% of the intermediate interest calculated at the rate of 5/12 per month, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than a month shall be included on the side where the amount is less than a month, and shall be less than a won and the last month.

arrow