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(영문) 서울중앙지방법원 2018.08.29 2016가단5196922
손해배상(자)
Text

1. The Defendant’s KRW 189,886,77 and the Plaintiff’s annual rate from March 7, 2015 to August 29, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D truck around March 7, 2015 (hereinafter “Defendant vehicle”). D truck around 01:25 (hereinafter “Defendant vehicle”).

) A driver, in violation of the signal at the intersection in front of the 184 Crown-ro, Seoul Special Metropolitan City, led to the front part of the Defendant’s vehicle (hereinafter referred to as the “instant accident”). A driver, who was going to the right side of the E-si, who was going to the left from the eropical parallel to the eropical distance pursuant to the new subparagraph, was shocked by the front part of the Defendant’s vehicle.

(2) The Plaintiff, on board a taxi due to the instant accident, suffered injury from cerebral cerebrovascular, etc.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the Defendant’s vehicle. [The fact that there is no dispute over grounds for recognition, Gap’s evidence Nos. 1 and 2,

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

C. The Defendant’s claim on the limitation of liability argues that the Defendant should limit the Defendant’s liability by taking into account the error that the Plaintiff did not wear the safety labelling, but there is no evidence to acknowledge that the Plaintiff did not wear the safety labelling at the time of the instant accident. Therefore, the Defendant’s assertion is rejected.

2. Except as otherwise stated below within the scope of the liability for damages, each of the corresponding items of the Schedule of Calculation of Compensation for Damages, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

It is rejected that the parties' arguments have not been separately explained.

Personal information 1) Personal data: The plaintiff shall be as stated in the annexed sheet for calculating the amount of damages as stated in the table for calculating the amount of damages. 2) Income and operating period: Until he/she reaches the age of 3,467,945 won per month and 60 years.

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