(영문) 서울중앙지방법원 2018.11.09 2015가단5360153

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(영문) 서울중앙지방법원 2018.11.09 2015가단5360153

손해배상(자)

Text

1. The Defendant’s KRW 324,025,560 as well as the Plaintiff’s annual rate from September 21, 2013 to November 9, 2018.

Reasons

1. Occurrence of liability for damages;

A. 1) On September 21, 2013, C: (a) around 19:15, Sept. 21, 2013, C is a vehicle E (hereinafter “Defendant”) on the two-lanes of the two-lane road front the Damo-gun, Chungcheong-gun.

2) The Plaintiff, while driving a bicycle, was negligent in performing the duty of Jeonju as well as by neglecting the duty of Jeonju (hereinafter “instant accident”).

2) The Plaintiff suffered damages, etc. due to the instant accident.

3) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle. According to the fact that the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident as a mutual aid business entity for the Defendant’s vehicle. (c) The Plaintiff was negligent in neglecting his/her duty to drive a bicycle at night, even though he/she was obligated to drive the bicycle at the edge of the road, and the Plaintiff’s mistake has contributed significantly to the occurrence of the instant accident and the expansion of damages, and thus, the Plaintiff’s fault shall be considered as 10% in light of various circumstances revealed in the pleading, and the Defendant’s liability shall be limited to 90%

2. The scope of 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.

[Reasons for Recognition] The facts without dispute, Gap evidence 8, F Hospital Head, G Hospital Head as a result of the commission of physical appraisal to the H Hospital Head, fact-finding results, significant facts, experience and purport of the whole argument

(a) Personal information on one person: 1. The Plaintiff’s date of expiration of the name, i.e., the first-born male.

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