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(영문) 서울중앙지방법원 2016.02.17 2015가단5227058
손해배상(자)
Text

1. The Defendant’s KRW 6,793,600 as well as 5% per annum from October 25, 2013 to February 17, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages and limitation on liability;

A. On October 25, 2013, the Plaintiff driven the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”) around 12:15 on October 25, 2013, and was killed by C, which was followed by the two lanes in front of the Nowon-gu Seoul Special Metropolitan City, Nowon-gu’s Underground Motor Vehicle (hereinafter “Defendant’s Motor Vehicle”), and was killed by the Defendant’s vehicle, which was followed by the latter.

(hereinafter referred to as the "accident of this case").

The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid contract for the defendant vehicle.

C. The instant accident is attributable to the operation of the Defendant’s vehicle, and the Defendant is liable to compensate the Plaintiff for damages caused by the instant accident.

However, in light of the fact that the Plaintiff suffered from the injury of the head of an unknown head, the Plaintiff may recognize the fact that the Plaintiff did not wear a safety belt, and thus, the Defendant’s liability is limited to 90% of the total damages in consideration of such circumstances.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Under the scope of compensation for damage, the following facts may be acknowledged either in dispute between the parties, or in full view of the contents of evidence Nos. 2 through 17, evidence Nos. 1 and 2, the results of physical examination commissioned to the President of the Korea National University Cancer Hospital and the results of fact-finding inquiries

(Calculation's convenience period shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded. The current price calculation at the time of the accident of the amount of damages shall be in accordance with the fractional interest rate which deducts the interim interest at the rate of 5/12 per month. And it shall be rejected that the parties' arguments do not separately provide for.

Personal information on daily income: The plaintiff was hospitalized for four days from the date of the accident in this case to October 28, 2013 from the date of the accident in this case, and thereafter, on November 20, 2013 from the E Hospital to the date of the accident in this case.

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