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(영문) 서울중앙지방법원 2017.12.06 2016가단5008773
손해배상(자)
Text

1. The Defendant: KRW 9,119,059 for the Plaintiff and the Plaintiff’s annual rate from August 25, 2015 to December 6, 2017.

Reasons

1. Occurrence of liability for damages;

A. 1) B, immediately before August 25, 2015, 2015, the new wall No. 5-lane 5-lane Do 415.5 kilometers in Seocho-gu Seoul, Seocho-gu, Seoul, Seoul, at the speed of August 25, 2015 (hereinafter referred to as “sea-care vehicle”).

ii)A D. D. P. P. driver's vehicle (hereinafter referred to as "Plaintiff's vehicle") with the Plaintiff's D. P. P. driver's vehicle (hereinafter referred to as "Plaintiff's vehicle") driving in a three-lane lane and changing the two-lane lane

2) Defendant 1 had shocked her (hereinafter referred to as “ship event dismissal”).

(2) Around 05:00 on August 25, 2015, E proceeded with F3.5 tons E (hereinafter “Defendant’s vehicle”) at a speed of about 95 kilometers in Seoul, along with three-lanes in the front intersection, from the front intersection to the front intersection. On the same direction, E shocked a piracy vehicle with B where the vehicle was parked on the road where the Plaintiff was trying to look at the Plaintiff’s condition due to a prior accident at the third lane of the same direction, and caused the Plaintiff’s vehicle by shocking it.

(3) The Plaintiff suffered bodily injury, such as the alley of the alley and the alley of the two structural frames due to the instant accident, and the death of B. (4) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with respect to the Defendant’s vehicle.

B. According to the above facts, 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. In light of the developments leading up to the instant accident and the Plaintiff’s injury injury, the Defendant’s liability is limited to 70% by taking into account the following circumstances: (a) it is difficult to view that the Plaintiff’s negligence regarding the prior accident was not significant, but at all, it was difficult to deem that the road was sucked at the time of the instant accident; and (b) it was difficult to secure the view at night.

(30 per cent of the plaintiff's negligence) . [Grounds for recognition] without dispute, Gap 1, 2, 6 through 9, 11 (including partial numbers), the purport of the whole pleadings.

2. The following shall be stated separately below the scope of the liability for damages.

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