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(영문) 서울북부지방법원 2018.09.04 2017나40618
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to B vehicles owned by Bowon Tourist Tour Co., Ltd. (hereinafter “Defendant vehicles”).

B. On March 24, 2014, C driving the Defendant vehicle on March 14:31, 201, and driving the Defendant vehicle at Mapo-gu Seoul Mapo-gu, and driving the four-lanes of the four-lanes in front of the 246 Asian Elementary School from the public morals area to the Arabic three-lanes, thereby causing an accident that shocks the Plaintiff’s two-wheeled vehicle (D) (hereinafter “instant accident”).

C. The Plaintiff suffered injury, such as the symptoms of the central number of trees, the escape certificate of Gyeong-gun, the escape certificate of Gyeong-gu signboards, and the damage of the number of trees, etc. due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, and 9 (including additional numbers), the result of physical entrustment to the chief of the Central University Hospital of the first instance court, the purport of the entire pleadings

2. According to the above recognition of the liability for damages, the accident of this case was caused by the negligence of the driver of the defendant vehicle who neglected the duty of front-time care, so the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

3. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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, it is rejected that the parties' arguments are not stated separately.

The following facts are acknowledged in accordance with Gap's statement Nos. 1, 2, 3, 5, 6, and 9 (including household numbers), the results of the first instance court's entrustment of physical examination to the president of the Central University Hospital, and the purport of the entire pleadings.

A. Personal information Embry income 1) The maximum working age remaining between the male and the 65 years old and 1 month at the time of an accident (2) the fact-finding court’s average remaining life, economic level, and economic level of Korean citizens.

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