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(영문) 서울중앙지방법원 2019.12.20 2016가단5285730
손해배상(자)
Text

1. The Defendant’s KRW 90,048,849 for the Plaintiff and KRW 5% per annum from October 25, 2014 to December 20, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C driving a Dbenz S350-L car on October 25, 2014, around 04:40, around 04:0, while driving the G cab (hereinafter referred to as “Defendant cab”) in front of Yeongdeungpo-gu Seoul Metropolitan City E-ro from the Fcho-distance flooding area to the red signal at the right-hand turn in accordance with the two-lanes among the four-lanes of the Fcho-raying area.

) The instant traffic accident was shocked (hereinafter referred to as “instant accident”).

2) The Plaintiff, who was on board the Defendant’s vehicle, sustained an injury, such as the Plaintiff’s dismissal on the left-hand side due to the instant traffic accident.

3) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle. (4) On the other hand, H Co., Ltd., the liability insurance company of the said Benz’s car, paid KRW 9,478,270 for the instant accident.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 9, and Eul No. 4 (including Serial numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments

B. According to the above recognition of liability, the Plaintiff, who is a passenger of the Defendant’s vehicle, sustained the injury due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident.

C. The Defendant asserted that there was negligence on the part of the Plaintiff, but there is no evidence to acknowledge it, and thus, the Defendant’s claim on the limitation of liability is rejected.

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.

In addition, the parties' arguments are separate.

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