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(영문) 서울중앙지방법원 2016.02.16 2014가단5008717
손해배상(자)
Text

1. The Defendant’s KRW 21,128,469 as well as the Plaintiff’s annual rate of 5% from March 11, 2012 to February 16, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. 1) The Defendant is Hyundai Transport Co., Ltd. and B cab (hereinafter “Defendant taxi”).

(2) On March 11, 2012, C driving the Defendant taxi at around 01:30 on March 11, 2012, and driving the road at a speed of 60 km/h in the speed of 837 east-gu, Suwon Central Hospital, at a speed of 60-70 km/h from the speed of 4 lanes, and C driving the road at a speed of 60-70 km from the speed of 837 east-gu, Suwon Central Hospital, and received the Plaintiff crossing the road from the right side of the direction of the course of the course to the right side of the road.

(hereinafter “instant accident”). At the time, Defendant taxi driven into two lanes in the direct direction signal (green). In front of the accident, Defendant taxi: (a) the Plaintiff, a pedestrian signal, etc. in the crosswalk, was fluencing the road while red; and (b) the Plaintiff, a passenger signal, etc. in the crosswalk, dried up the road; and (c) the Plaintiff was placed back as one-lane for the damage. Defendant taxi was rapidly changed to one-lane and received the Plaintiff.

3) Due to the instant accident, the Plaintiff suffered an injury, such as minculization of the right-hand non-gu and drhetoral surgery (applicable for recognition: Facts that there is no dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 3, and the purport of the entire pleadings.

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator.

C. The instant accident subject to limitation of liability is limited to 50% of the Defendant’s liability in light of the foregoing circumstances, as the instant accident occurred, since the Plaintiff’s mistake, neglect of the duty to see the road without permission, and sudden change of the tea line, which the Plaintiff received, did not appear to go beyond the scope of the duty to see the road, by taking the clothes of the color fluent, at night, and instead, neglecting the duty to see the road without permission.

(50% of the plaintiff's fault ratio) 2. The scope of liability for damages is the same as each corresponding item of the attached Table of calculation of damages, and the period for the convenience of calculation shall be monthly.

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