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(영문) 서울북부지방법원 2014.09.25 2013가단37095
손해배상(기)
Text

1. The Defendant’s KRW 7,797,33 as well as the Plaintiff’s annual rate of KRW 5% from January 8, 2011 to September 25, 2014.

Reasons

1. Occurrence of liability for damages;

A. At around 01:00 on January 8, 201, B, driving a private taxi in front of the Korean National Bank located in Seongbuk-dong, Seongbuk-gu, Seoul (hereinafter “accidented vehicle”) and driving along one-lanes on the surface of the ero middle school located in front of the Korean National Bank located in Seongbuk-gu, Seongbuk-gu, Seoul, and caused the Plaintiff, by negligence, who did not properly examine the movement of the vehicle traveling along the intersection from the ero middle school to the erogate of the accident vehicle, was on the top of the left side of the accident vehicle (hereinafter “victimd vehicle”), and caused the Plaintiff, who was on the top of the damaged vehicle due to its shock, sustained the injury, such as bral dust and sculed salt, etc.

(2) The Defendant is a mutual aid business entity which has entered into a mutual aid agreement with respect to the foregoing vehicle.

(3) According to the above facts, the defendant is liable to compensate for damages suffered by the plaintiff due to the accident in this case as a mutual aid business operator for the accident vehicle, except in extenuating circumstances.

B. The defendant's argument that the defendant's limitation of liability is asserted that the plaintiff did not wear the safety belt and that the damage caused by the accident in this case was expanded, but the above argument is not accepted as there is no evidence to acknowledge it.

[Ground of recognition] Facts that there is no dispute or does not clearly dispute, Gap evidence 1, 2, 4 (including paper numbers), the purport of the whole pleadings

2. The portion not separately described below the scope of liability for damages shall be as shown in the attached Form of Calculation of Compensation for Damages.

(Calculation convenience less than won and less than the month of the last month shall be discarded, and the present price of the damages shall be calculated at the time of an accident at the time of an accident shall be calculated at the rate of 5/12 per month, and the simple interest rate shall be calculated at the rate of 5/12 per month. It shall be rejected that the parties’ arguments are not separately explained.

Actual income: It shall be as shown in the attached Form of Damage Calculation sheet.

(1) Income and the normal part of the operating period.

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