(영문) 서울중앙지방법원 2016.01.22 2012가단224886

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(영문) 서울중앙지방법원 2016.01.22 2012가단224886

손해배상(자)

Text

1. The Defendant’s KRW 38,913,608 as well as the Plaintiff’s annual rate from May 21, 201 to January 22, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

(a) 1) B is the Defendant vehicle “Defendant vehicle” around 06:00 on May 21, 201, 201.

2) While driving the Defendant’s vehicle and driving the Defendant’s vehicle, while driving the road in front of the gold scambling distance in the water area of the head of the Shiscam-gu, Sungnam-si, along with the gold scambing plane in front of the gold scambling distance, and driving the road in front of the gold scambing plane, in violation of the signal, the Plaintiff, a passenger on board the head of the Defendant’s vehicle, was injured by an injury, such as an external scambia, which had no two open address (hereinafter “instant accident”).

(2) The Defendant is a mutual aid association that entered into a motor vehicle mutual aid contract for the Defendant’s motor vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence 3, 4, 9, Eul evidence 2, 11

(2) The grounds of appeal No. 1

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiff 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 Plaintiff, as the head of the taxi that is driving the four-lane road, was erroneous on board and did not fasten the safety belt; and (b) the Plaintiff’s mistake also caused the occurrence and expansion of damages caused by the instant accident; (c) thus, it shall be considered in determining the amount of damages that the Defendant should compensate, but the ratio shall be set at 10% and limited to 90% of the Defendant’s liability ratio.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation 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.

b.the Parties;

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