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(영문) 서울중앙지방법원 2018.08.22 2017가단73045
손해배상(자) 청구의 소
Text

1. The Defendant: (a) KRW 272,294,942 to Plaintiff A; (b) KRW 1,00,000 to Plaintiff B; and (c) each of them, from May 7, 2014 to August 7, 2018.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) C is a D vehicle around 19:55 on May 7, 2014 (hereinafter “Defendant vehicle”).

) A, while driving and walking along a two-lane in front of the Friju station in E at the time of his own Government, she shocked the Plaintiff A who was walking along a safety zone installed at the center of the road to turn to the left in order to turn to the left. (hereinafter referred to as “instant accident”).

2) As a result of the instant accident, the Plaintiff A suffered from an injury, such as an external wound, due to the instant accident.

3) Plaintiff B is Plaintiff A’s child, and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Defendant’s vehicle (based on recognition)

B. According to the above recognition of liability, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident of this case as a mutual aid business operator of defendant vehicle.

C. While Plaintiff A was involved in an accident in a safety zone where vehicle entry is prohibited, Plaintiff A also erred by crossing the road without permission and walking the safety zone installed near the median line. Since such error was caused by the occurrence of the instant accident and the expansion of damages, the Defendant’s liability is limited to 70% in consideration of such circumstances.

2. In addition to the matters stated below within the scope of liability for damages, each item of the annexed Table 1 for calculation of damages shall be as follows, and in principle, the period for calculation convenience shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

It is rejected that the parties' arguments have not been separately explained.

Plaintiff

A’s personal information: The same shall apply to the entry in the “basic matters” column of the attached damages calculation sheet.

Plaintiff

A's name ended shall be from the date of appraisal.

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