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(영문) 서울중앙지방법원 2019.12.20 2018가단5232563
손해배상(자)
Text

1. The Defendant’s KRW 156,230,570 as well as 5% per annum from October 24, 2017 to December 20, 2019 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) C is a DNA taxi (hereinafter “Defendant vehicle”) around October 24, 2017, around 23:25, 2017.

2) The Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff’s Haba (hereinafter “Plaintiff’s Haba”) Haba (hereinafter “Plaintiff’s Haba”) Haba (hereinafter “Plaintiff”) Haba (hereinafter “Plaintiff”) Haba (hereinafter “Plaintiff”) Haba (hereinafter “Plaintiff”) Haba (hereinafter “Plaintiff’s Haba”) Haba, who had been directly engaged in an anti-protection force in the anti-protection

) The instant traffic accident was shocked (hereinafter referred to as “instant accident”).

2) The Plaintiff sustained an injury, such as the cutting of the aggregate of the left-hand boom due to the instant accident.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant’s vehicle. 【Ground for recognition’s absence of dispute, Gap’s No. 1, 2, and 5, and Eul’s No. 5 (including serial numbers; hereinafter the same shall apply).

each entry or video, the whole purport of the pleading;

B. According to the above recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the instant accident as a mutual aid business operator of the defendant vehicle, barring special circumstances, since the plaintiff sustained an injury due to the operation of the defendant vehicle.

C. The limitation of liability: (a) in full view of the overall purport of the pleadings at the video of the evidence A No. 5, the Plaintiff continued to proceed with the Defendant vehicle without reducing speed by neglecting the duty of front-time watch even though the Defendant vehicle entered the intersection to conduct a non-protective meeting.

Considering the developments leading up to the instant accident and all the circumstances before and after it, the Plaintiff’s mistake is deemed to have caused or expanded damages. Therefore, in calculating the amount of damages that the Defendant should compensate, the Defendant’s liability is limited to 75% by taking this into account.

2. The attached amount of damages, except as otherwise stated below within the scope of liability for damages.

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