(영문) 서울중앙지방법원 2019.01.18 2018가단5011964

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.01.18 2018가단5011964

손해배상(자)

Text

1. The Defendant’s KRW 9,914,230 as well as the Plaintiff’s annual rate from July 8, 2016 to January 18, 2019.

Reasons

1. Occurrence of liability for damages;

A. 1) On July 8, 2016, C is a taxi (hereinafter referred to as “Defendant vehicle”) in the private distance located in 185, Do-ro 185, Do-si, Seocheon-si. 21:50 on July 8, 2016

2) The Plaintiff’s driver, who had been in the middle distance due to his neglect of the duty of pre-protection and left-hand turn, caused the Plaintiff’s driver’s error on the part of the Plaintiff’s driver (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered bodily injury, such as double alleys, etc.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the Defendant’s vehicle. According to the fact of recognition of liability, the Plaintiff suffered injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable to compensate for the Plaintiff’s damage caused by the instant accident as a mutual aid business entity for the Defendant’s vehicle. (c) In the event that the Plaintiff is liable to pay for the left-hand left-hand turn from the shooting distance available for the left-hand turn, the Plaintiff neglected to do so even if there was a vehicle left-hand at the opposite part. Such mistake has been considered as having contributed considerable to the occurrence of the instant accident and the expansion of damage, but it shall be considered that the Plaintiff’s fault was 10%, and the Defendant’s liability is limited to 90% in light of the various circumstances indicated in the pleading. [The fact that there is no dispute

2. The scope of liability for damages shall be as follows, and in principle, the period for the convenience of calculation 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.

[Reasons for Recognition] Unsatisfy, Gap evidence 4, 5, result of a physical appraisal commission to the director of the D Hospital, significant facts, experience and purpose of the whole pleadings

(a)one person.

유사 판례

-서울중앙지방법원 2019.01.18 2017가단5113498

-서울중앙지방법원 2018.11.09 2016가단5188174

-서울중앙지방법원 2018.10.26 2016가단5066373

-서울중앙지방법원 2016.02.05 2014가단256689

-서울중앙지방법원 2018.11.23 2017가단5040873