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(영문) 춘천지방법원 원주지원 2018.12.05 2018가단301427
손해배상(자)
Text

1. The Defendant’s KRW 8,638,864 as well as the Plaintiff’s annual rate of KRW 5% from December 12, 2015 to December 5, 2018.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Plaintiff is a party who suffered damage due to the following traffic accidents, and the Defendant is a private taxi vehicle (hereinafter referred to as “a private taxi”).

D) On December 12, 2015, the first half part of the bus stop signal, the Plaintiff, who illegally crosss an apartment from the bus stop at the bus stop at the bus stop in order to take charge of liability due to an accident occurred during the operation. D) On December 12, 2015, the first half part of the front part of the bus stop at the bus stop in order to drive a melting vehicle on December 12, 2015.

(3) Due to the instant accident, the Plaintiff suffered from injury, such as the diversity wave, diversity typosis, etc. of Schisia (which is the ground for recognition). [This ground] The Plaintiff did not dispute a dispute, and each statement in Gap evidence Nos. 1 through 3 (which may include each number; hereinafter the same shall apply).

- The purport of the whole pleadings

B. According to the above fact of recognition of liability, the accident in this case occurred due to the violation of D's duty of care in front of the sea driver, etc., which is the insurer of the sea vehicle, the defendant, who is the insurer of the sea vehicle, is liable to compensate for the loss suffered by the plaintiff.

C. The limitation of liability: (a) at the time of the instant accident, the Plaintiff was at the time of the instant accident, despite the fact that the pedestrian signal on the crosswalk was red signal, and was at the time of the instant accident, at around 01:23, the Plaintiff was erroneous in crossinging the crosswalk as far as eight-lanes (four-lanes) were sent back, which contributed to the occurrence and expansion of

Therefore, in consideration of these circumstances, the defendant's liability is limited to 40%.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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, the parties' arguments.

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