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(영문) 서울중앙지방법원 2016.12.09 2015가단5278414
손해배상(자)
Text

1. The Defendant’s KRW 50,337,092 as well as the Plaintiff’s annual rate from June 10, 2014 to December 9, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are as follows: (a) C Car Truck around 01:40 on June 10, 2014 (hereinafter “Defendant Vehicle”).

) On the other hand, the driving of the Plaintiff caused an accident that led to the Plaintiff’s driver’s subsequent failure to perform the duty of front-down at a point 198.4 km in the Daejeon Dog-ri Incheon Metropolitan Highway (hereinafter “instant accident”) to see the front end of the Defendant’s vehicle (hereinafter “instant accident”).

(2) The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator of defendant vehicle.

C. Whether to limit liability is limited or not, the Defendant asserted that the Plaintiff did not fasten the safety belt, but it cannot be easily inferred that the Defendant did not fasten the safety belt. The evidence submitted by the Defendant alone is insufficient to recognize the negligence of wearing the safety belt, and there is no other evidence to acknowledge it. Therefore, there is no reason to limit the Defendant’s liability.

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.

Personal information 1) Personal data: as stated in the “basic matter” list of damages calculation table: income and operating period: the victim’s actual income amount which had already been earned at the time of tort committed by employees engaged in services until he/she reaches 60 years of age.

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