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(영문) 서울중앙지방법원 2016.01.12 2014가단5290356
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 123,837,40, and KRW 119,587,400 to Plaintiff B, and each of the said money from July 15, 2014.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant is C and D Private Taxi (hereinafter “Defendant taxi”).

(2) On July 15, 2014, C, as shown below, has entered into a mutual aid agreement on the following: (a) around 22:00, at a speed of 70 km/h from Kimpo-si to Seoul at a speed of 51 to 60 km/h from Kimpo-si; (b) at a speed of 51 to 3 lanes from Kimpo-si; (c) at a speed of 51 to 60 km/h; and (d) as a result, E, who was proceeding at a speed of 51 to 60 km/h with the right side of the Defendant taxi without obtaining an insurance policy, conflicts between the front side of the FOtob, which was driven at a speed of 4 km; and (d) the front side of the Defendant taxi.

(hereinafter referred to as the “instant accident”) continue to proceed with the instant accident, and attackers who were waiting for buses at the bus stops, and E had died on the day of the accident (hereinafter referred to as “the deceased”).

(2) The plaintiffs are parents of the deceased. [The grounds for recognition: facts without dispute, Gap evidence Nos. 1, 2, and 6, Eul evidence No. 3, and the purport of the whole pleadings.]

B. According to the above recognition of liability, the defendant is liable to compensate for the damage suffered by the deceased, etc. due to the accident in this case as a mutual aid business operator.

C. Prior to the limitation of liability, the Defendant’s liability is determined to be 85%, on the ground that, prior to the limitation of liability, even though the incident did not sufficiently exercise due care on the vehicles moving back to the deceased, the primary mistake was against C, which changed the vehicle’s course without sufficiently checking the vehicle driving next to the accident.

(15%) 2. In addition to the items separately stated below the scope of liability for damages, the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than won shall be discarded.

The amount of damages shall be calculated at the rate of 5/12 per month and the interim interest shall be deducted.

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