(영문) 서울중앙지방법원 2017.10.19 2016가단5159671

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(영문) 서울중앙지방법원 2017.10.19 2016가단5159671

손해배상(자)

Text

1. The Defendant’s KRW 14,420,617 as well as 5% per annum from February 6, 2016 to October 19, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 04:05 on February 6, 2016, driven Csi (hereinafter “Defendant vehicle”) and proceeded in violation of the signal at the shooting distance of the Hanyang Hospital located in the Hanyang University of Seongdong-gu Seoul, Seongdong-gu, Seoul, with two-lanes in front of the Hanyang University, the Plaintiff, who walked along the crosswalk pursuant to the pedestrian name on the right side from the left side of the Defendant’s vehicle, was facing the Defendant’s front.

(2) The Plaintiff suffered injury, such as the right-hand abandonment, etc. due to the instant accident.

(3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement for the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap 1 to 2 evidence, Eul 3 and 4 evidence (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above 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. Whether to limit liability or not, the Defendant asserts that the Defendant should limit the Defendant’s liability because the Plaintiff neglected to take the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the liability 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.

[Ground of recognition] There is no dispute.

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