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(영문) 서울중앙지방법원 2019.06.13 2017가단5234722
손해배상(자)
Text

1. The Defendant’s KRW 126,429,953 for the Plaintiff and KRW 5% per annum from December 3, 2016 to June 13, 2019.

Reasons

1. Occurrence of liability for damages;

A. 1) On December 3, 2016, C: (a) around 02:55, December 3, 2016, D taxi vehicles (hereinafter “Defendant vehicle”).

) While driving a vehicle and driving a vehicle at the front of E and driving a vehicle at the right turn, the Plaintiff was shocking at a crosswalk without signal lights (hereinafter referred to as “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered from the injury, such as the dystrophal blood stroke, stroke, pulmonary stroke, and closed dystroke, malke, shoulder, and scoke’s straw, scoke, 2-8, 2-3, and dystroke’s dystroke, etc.

3) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle. 【Ground for recognition's absence of dispute, Gap's evidence 1 through 3 (including paper numbers, Eul's evidence 1 to 3, and the purport of the whole pleadings.

B. According to the above fact of recognition of liability, the plaintiff sustained an injury due to the operation of the defendant vehicle, barring special circumstances, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as the mutual aid business operator of the defendant vehicle.

C. The limitation of liability, however, in the event that the plaintiff, as the plaintiff, crosses a crosswalk without signal lights at night, he could easily look at the surrounding vehicle traffic, etc., and cross the crosswalk, but failed to look at the surrounding area. The plaintiff's error contributed to the occurrence of the accident of this case and the expansion of damages. In addition, considering the time of the accident of this case, the point where the accident of this case occurred, and the current status of the road at the time of the accident of this case, etc., the plaintiff's negligence shall be deemed 10%, and the defendant's responsibility shall be limited to 90%.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed damages calculation sheet shall be the same, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis.

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