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(영문) 서울중앙지방법원 2018.10.31 2018가단5029958
손해배상(자)
Text

1. The Defendant’s KRW 3,388,624 as well as the Plaintiff’s KRW 5% per annum from June 8, 2017 to October 31, 2018.

Reasons

1. Occurrence of liability for damages;

A. On June 8, 2017, B, while under the influence of alcohol around 04:40 on June 8, 2017, B, C’s vehicle under the influence of alcohol content of approximately 0.088% (hereinafter “Defendant vehicle”).

) A two-lanes of the three-lanes in front of Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as “instant accident”) were driven by the driving of the Plaintiff at a speed of about 9.4km/h from the direction of the Gu doctor’s distance, and the left part of the E-vehicle left to the left from the direction of the Gu doctor’s distance was shocked by the front-way driver (hereinafter referred to as “instant accident”).

2) As a result, the Plaintiff suffered injury, such as chest pressure pressure.

3) The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with respect to the defendant's vehicle (based on recognition), the fact that there is no dispute, Gap evidence Nos. 1 through 3, 8, 9, Eul evidence Nos. 1 and 2 (including paper numbers, the purport of the whole pleadings

B. According to the facts of 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. However, the limitation of liability is limited, however, to the extent that a driver who enters the intersection is negligent in failing to safely pass through the intersection by ascertaining the traffic situation after temporarily stopping or going through a stop before entering the intersection and checking the surrounding areas. Since such error was caused by the occurrence of the instant accident, the Defendant’s liability is limited to 60% in consideration of such circumstances.

2. Except as otherwise stated below within the scope of liability for damages, each of the corresponding items in the annexed Schedule of Calculation of Compensation, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct the interim interest.

It is rejected that the parties' arguments have not been separately explained.

Personal information 1) Personal information: The amount of damages stated in the annexed sheet for calculation of damages is as stated. 2).

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