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(영문) 창원지방법원 2017.02.10 2016가단102354
손해배상(자)
Text

1. The Defendant’s KRW 24,670,726 as well as 5% per annum from November 29, 2015 to February 10, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. On November 29, 2015, at around 05:45, the Plaintiff was boarding the B cab (hereinafter “Plaintiff”) as a passenger, and was proceeding in the direction of G cab in Busan, on the Sgamb from the Sgamb in the Sgamb of the Ggam-si in Busan. However, as the Plaintiff’s personal taxi (hereinafter “Defendant’s vehicle”) operating in the opposite direction violated the signal, and turn to the left at the direction of the Kgamban-si in the Ggamban-si in the opposite direction, the Plaintiff’s vehicle plpl up the road to the right side to avoid the collision, and conflict with the building on the right side of the proceeding direction, and the Plaintiff suffered injury, such as cutting down the lower part of the left part of the road due to its shock.

(hereinafter “instant accident”). The Defendant is a mutual aid business entity of Defendant vehicle.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is responsible for compensating the plaintiff for the damages caused by the accident of this case.

On the other hand, according to the above facts, there is no reason to limit the defendant's liability.

Although the Defendant asserts that the Plaintiff did not wear a safety labelling at the time of the instant accident, there is no evidence to deem that the Plaintiff did not wear a safety labelling at the time of the instant accident, and rather, according to the evidence above, the Plaintiff’s driver was the death of the Plaintiff due to the instant accident. In light of the shock of the said accident, there is no circumstance to deem that the damage was increased due to the Plaintiff’s negligence.

2.In principle, the period of time below the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than 10 won 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.

Gender of one personal information on a daily income:

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