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(영문) 부산지방법원 2019.05.23 2018가단319036
손해배상(자)
Text

1. The Defendant’s KRW 119,844,297 for the Plaintiff and KRW 5% per annum from April 29, 2014 to May 23, 2019.

Reasons

1. Occurrence of liability for damages;

A. On April 29, 2014, at around 01:50 on April 29, 2014, C, while driving a Do private taxi and driving the road in front of the Franc shop in Busan Jin-gu, Busan at the face of a written intersection intersection from the right side of the left side of the vehicle at the end of the end of the end of the end of the vehicle at the front part of the above vehicle. The traffic accident situation investigated by the investigative agency is as shown in the attached Form on the site of the accident.

(2) In the instant accident, the Plaintiff suffered injury, such as the trophal cerebral cerebral cerebral cerebral typhism, the malphal typhical typhism, and the malphal typhal typhal typhism.

(3) The Defendant spent the Plaintiff’s medical expenses equivalent to KRW 246,305,260.

(4) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the above taxi.

B. The instant accident, which recognized liability, caused the error of neglecting the safe driving of the said taxi driver, such as the front-down of the said taxi driver, and accordingly, the Defendant, who is the mutual aid business entity of the said taxi, is liable to compensate the Plaintiff for the damages incurred by the Plaintiff.

However, in full view of all the circumstances revealed in the pleadings of the instant case, such as the fact that the Plaintiff was crossing a seven-lane road from night to night, and that it was difficult for pedestrians to expect to cross without permission as a taxi driver as a major main main arterial road along which an underground passage is located. The Plaintiff’s mistake as above is deemed to have caused the occurrence of the instant accident and the expansion thereof, and thus, the Defendant’s liability is limited to 35%.

2. Scope of liability for damages

(a)For the convenience of the calculation of property damage in principle, a period of time shall be calculated on a monthly basis, but less than the last month and less than KRW 1 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.

(1) Lost earnings: the criteria for the Plaintiff’s claim in KRW 375,028,870.

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