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(영문) 서울중앙지방법원 2015.09.11 2014가단5061367
손해배상(자)
Text

1. The Defendant’s KRW 37,740,933 as well as 5% per annum from August 8, 2013 to September 11, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 14:15 on August 8, 2013, driven a C vehicle (hereinafter “Defendant vehicle”) and shocked the Plaintiff, who was crossing from the front of 1507 to 1508, while driving on the road in the D apartment complex in Seoul Special Metropolitan City, Nowon-gu, Seoul, while driving on the road in the D apartment complex. As a result, the Plaintiff suffered injury, such as the pressure pressure of the First T&C.

(2) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 2, 3, 7 (including each number), the purport of the whole pleadings]

B. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. However, according to the evidence above, the plaintiff is also erroneous in crossing the road without sufficiently examining the progress of the defendant's vehicle, and such errors were caused by the accident of this case. Thus, the defendant's liability is limited to 90% in consideration of this.

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.

(1) Personal information: The amount of damages shall be as stated in the column for “basic matters” in the attached Form.

(2) Income and operating period: Urban daily wage, latter disability and latter disability on the 22th of each month: 32% of the labor ability due to physical disability under the pressure table of the first summary of pressure. Market sea for 4 years after the accident (applicable to 1-A-1-c, and occupational coefficient 5).

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