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(영문) 서울중앙지방법원 2020.07.22 2017가단5132154
손해배상(자)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,149,421 to the Plaintiff (Counterclaim Defendant) and its related amount from August 7, 2016 to July 22, 2020.

Reasons

1. The facts of recognition are acknowledged by taking account of the following facts: (a) Nonparty C driving a D car in the state of 0.185% blood alcohol concentration in the vicinity of Yongsan-ro 4, Gangnam-gu, Seoul Metropolitan Government (hereinafter “instant accident”); (b) Nonparty C was a passenger boarding the instant taxi at the time of the instant accident; (c) the Plaintiff was injured by the e-si at the time of the instant accident; (d) Nonparty C was injured by the e-si (hereinafter “the instant accident”); and (e) the fact that the Defendant entered into a mutual aid agreement with respect to the instant taxi without dispute between the parties, or that the Defendant entered into a mutual aid agreement with respect to the instant taxi in the form of evidence No. 1 and No. 1.

2. Determination as to the cause of the principal claim

A. According to the above facts, the Plaintiff, a passenger due to the operation of the taxi in this case, sustained the injury, and the Defendant, a mutual aid business operator, is liable to compensate the Plaintiff for the damages incurred by the accident in this case, barring any special circumstances.

B. 1) The scope of liability for damages caused by lost income equivalent to the total monetary value of the lost capacity of the Plaintiff lost due to the instant accident is the amount calculated at the present price at the time of the instant accident in accordance with the method of cutting off interest at the rate of 5/12% per month based on the following facts and assessment based on the recognition and assessment. A) Gender: Women’s age: Firs age: Firs age: During the period of 48 years and 4 months from the date of the accident: 38.5 years from the date of the accident: (a) Urban Daily Wage (22 days from the date of the accident) on the ordinary person’s ability to work (the maximum working age until March 29, 203): The maximum working age of the Plaintiff’s claim for the remaining disability and labor ability loss (1) from March 29, 203 to August 7, 2016 to 18 days from the date of the instant accident (2016.24% from the date of the accident).

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