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(영문) 서울중앙지방법원 2016.02.26 2015가단5062893
손해배상(자)
Text

1. The defendant

A. Plaintiff A: (a) KRW 19,753,041 and each of the said money to Plaintiff B and C, respectively, as to KRW 30,179,482, and KRW 19,753,041 on March 31, 2014.

Reasons

1. Occurrence of liability for damages;

A. Fact-finding 1) D means around 08:30 on March 31, 2014, EM5 taxis (hereinafter “Defendant”) and “Defendant vehicle.”

(i)A driver's operation and proceeding five-lane roads in front of KT 175 (175), as in Jongno-gu Seoul Metropolitan City Sejong-do, into a luminous sloped from the screen of Sejong-ro, while stopping on the crosswalk stop signal but starting about four seconds after turning on the stop signal, the net F (hereinafter referred to as "the network") at that time.

(B) Although the above crosswalk is crossing the above crosswalk, the Defendant’s front part of the Defendant’s vehicle, leading to the death by shocking the Deceased (hereinafter “instant accident”).

2) Plaintiff A is the deceased’s wife, Plaintiff B, and C, and the Defendant is the mutual aid operator who entered into a motor vehicle mutual aid agreement with respect to the Defendant’s vehicle.

[Ground of recognition] A without dispute, evidence of subparagraphs 1 through 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence of subparagraphs 1 through 3, 5, 6, the purport of the whole pleadings

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

C. The limitation of liability: (a) the deceased did not wear a safety appearance, and the signal of the crosswalk was changed to a red signal while crossing, and the deceased’s fault was an important cause for the occurrence or expansion of the accident of this case, and thus, the deceased’s fault should be considered in calculating the amount of damages to be compensated by the Defendant; (b) the deceased’s fault should be considered in calculating the amount of damages to be compensated by the Defendant; (c) the deceased’s fault should be considered as 65% in comprehensive consideration of all the circumstances revealed in the arguments, such as the relationship above,

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed table of calculation of damages shall be the same, and the period for the convenience of calculation shall be calculated on a monthly basis.

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