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(영문) 서울중앙지방법원 2015.02.04 2013가단5127154
손해배상(자)
Text

1. As to Plaintiff A’s KRW 22,302,298, Plaintiff B’s KRW 1,000,000, and each of the said money, the Defendant from October 26, 2012 to October 25, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 22:45 on October 26, 2012, C driving a D cab (hereinafter “Defendant vehicle”) and proceeding the front side of Gyeyang-gu Incheon Metropolitan City E along one-lanes from the right side of the effective driving distance to the right side of the two-lanes, and the Plaintiff A, who cross the right side from the left side of the Defendant vehicle, was placed in front of the left side of the Defendant vehicle, was inflicted an injury on the Plaintiff, such as the damage on the snish base and the outer side of the snish base and the outer side of the Defendant vehicle.

(hereinafter “instant accident”). (2) Plaintiff B is the mother of Plaintiff F, and the Defendant is a mutual aid project operator who has entered into a mutual aid agreement with the Defendant’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 3 (including each number), the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is liable for the damages suffered by the plaintiffs due to the accident of this case.

C. The limitation of liability, however, according to the above fact of recognition, the plaintiff A also committed an error of crossing a two-lane road at night, and such error contributed to the occurrence and expansion of damage caused by the accident of this case. Therefore, the defendant's liability is limited to 75% in consideration of the error of the plaintiff A.

(2) Except as otherwise stated below within the scope of liability for damages, it is identical to each corresponding item of the attached Table of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 20 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.

Personal information 1) Personal information: as stated in the “basic matters” list of the amount of damages calculated in the attached Form: (2) income and operating period:

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