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(영문) 서울중앙지방법원 2016.10.21 2016나36675
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, this is accepted in accordance with the main sentence of Article 420

2. Three pages of the judgment of the first instance.

The limitation of liability under paragraph (1) shall be made as follows:

The limitation of liability: Provided, That if the defendant's vehicle, who is a taxi that was in progress prior to the plaintiff, stops or overtakes the vehicle, it should have been overtakened safely on the left side of the defendant's vehicle, and in particular, in a parked taxi, it is erroneous for the defendant's vehicle to run on the right side of the defendant's vehicle who stops at a four-lane without neglecting the duty of care to prevent the accident in advance, while neglecting the duty of care to prevent the accident, and such negligence is deemed to have caused the occurrence of the accident in this case and the expansion of damage, so the defendant's liability ratio is limited to 60% (40% of the plaintiff's negligence). The "the calculation table of the amount of damages" in Article 6 of the judgment of the first instance court is replaced by the following table.

Part IV of the judgment of the first instance.

paragraphs (c) and (c)

this subsection shall be filled by the following:

'B. Limitation on Liability: 60% of the Defendant's liability (the foregoing 1-C).

see Paragraph 1

C. Of the 15,544,140 won paid by the Defendant to the Plaintiff’s medical expenses, the amount of KRW 6,217,656 equivalent to 40% of the Plaintiff’s negligence ratio (=15,54,140 x 40%) shall be deducted.

The conclusion of Section 3.3 of the judgment of the court of first instance shall be followed as follows.

Therefore, the Defendant is liable to compensate the Plaintiff for damages arising from the instant accident (i.e., KRW 143,430,885 won for property damage (i.e., KRW 27,00,000 for consolation money of KRW 143,430,885 for property damage) and the Defendant’s promotion of the lawsuit from June 12, 2013 to May 27, 2016, the sentencing date of the first instance court pursuant to the Defendant’s purport of appeal.

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