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(영문) 서울중앙지방법원 2016.09.07 2015가단5151045
손해배상(자)
Text

1. The Defendant’s KRW 9,268,737 as well as the Plaintiff’s annual rate of 5% from July 31, 2013 to September 7, 2016.

Reasons

1. Occurrence of liability for damages;

(a) Category B, on July 30, 2013, consisting of C-si (hereinafter “Defendant”) around 23:45, on July 30, 2013;

b)the E Driving F Vehicle F for the E Driving (hereinafter the plaintiff hereinafter) that was driven by the driver and parked four-lanes in the two-lanes of the Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the "Plaintiff") while driving four-lanes in the two-lanes of the two-lanes of the Seongbuk-gu.

2) The lower part of the back part of the Plaintiff’s vehicle was shocked by the Plaintiff, who was on board the lower part of the lower part of the Plaintiff’s vehicle, and caused the Plaintiff to suffer from the injury of climatics, urines, and salteds (hereinafter “instant accident”).

(2) The Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid contract for the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 12 through 14, Eul evidence 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case as a mutual aid business operator of defendant vehicle.

C. However, the limitation of liability is limited to 85% (Plaintiff’s liability 15%) of the Defendant’s liability by taking into account the fact that the Plaintiff, a taxi passenger, was immediately stopped due to trying to open the door, and some causes for the occurrence and expansion of damages arising out of the instant accident, and thus, the Plaintiff’s liability is limited to 85% (Plaintiff’s liability 15%).

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, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal information: The amount of damages stated in the annexed sheet for calculation of damages is as stated. 2).

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