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(영문) 서울중앙지방법원 2017.11.30 2016가단5171480
손해배상(자)
Text

1. The Defendants jointly and severally against the Plaintiff A in KRW 267,832,524, Plaintiff B, and C, respectively, and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. (1) On March 29, 2016, Defendant D driving a taxi (hereinafter “Defendant vehicle”) around 02:10 on March 29, 2016, and driving a two-lane one of the two-lanes inside the intersection of Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, at the direction of the filial Chang Park from the Ministry of National Defense to the direction of the filial Chang Park in the direction of the Ministry of National Defense, but turn to the left at the intersection of the Han River in the direction of the Han River as an intersection of the Han River. On the other hand, Defendant D received the front part of the Plaintiff A’s driver’s f.o.b., directly in violation of the direction of the Han River as the direction of the Han River in the direction of the Han River.

(2) In the instant accident, Plaintiff A suffered an injury, such as an injury caused by an injury to an injury, such as an injury caused by an injury, which had no two or more open wound.

(3) Plaintiff B and C are mutual aid operators who entered into a mutual aid agreement with the Plaintiff’s Easters and the Defendant National Passenger Transport Business Association (hereinafter “Defendant Association”).

[Ground of recognition] Facts without dispute, Gap 1 through 4 evidence, each entry or video of Eul 3 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the fact of recognition of liability, Defendant D is the driver of the Defendant vehicle, and the Defendant Federation is jointly liable for damages suffered by the Plaintiffs due to the instant accident as the mutual aid business operator of the Defendant vehicle.

C. The limitation of liability: (a) the Plaintiff did not wear a safety cap at the time of the instant accident, in violation of the signal, and did not enter the intersection; and (b) such error resulted in the expansion of light damage caused by the accident; (c) thus, the Defendant’s liability is limited to 40%, taking this into account.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the damages calculation table 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 the last month.

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