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(영문) 부산지방법원 2016.08.09 2015가단201721
손해배상(자)
Text

1. The Defendants jointly share KRW 34,550,534 with respect to the Plaintiff, and 5% per annum from December 20, 2013 to August 9, 2016.

Reasons

1. Facts of recognition;

A. At around 04:10 on December 20, 2013, Defendant B driven a CNFS si (hereinafter “Defendant taxi”) and led Defendant B to the side exhibition from the direction of Busan Jin-gu to the Busan Jin-si. Defendant B’s front part of the FFS si, which proceeded to the right side on the left side of Busan Jin-gu, when the road comes to an intersection with the one-way road on the right side from the left side of the proceeding direction, and the side part of the FF si, which proceeded to the right side of the Defendant taxi.

(hereinafter “instant accident”). The Plaintiff boarding the back seat of Defendant cab due to the instant accident was suffering from injuries, such as acute bruptal damage, climatic damage, climatic damage, drale, and dratal salt, etc.

B. The Korean Federation of Passenger Transport Business Association (hereinafter “Defendant Federation”) is a mutual aid business entity that has entered into a mutual aid agreement with the Defendant taxi.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul's each entry and video, the purport of whole pleadings

2. Occurrence of liability for damages;

A. According to the above recognition of liability, Defendant B is a tort driving a defendant taxi, and the defendant federation is jointly liable for the Plaintiff’s property and mental damage caused by the instant accident as a mutual aid business entity of the defendant taxi.

B. The Defendants’ judgment as to the Defendants’ limitation of liability is negligent in the failure of the Plaintiff to wear the safety labelling, and the negligence ratio is at least 10%, but there is no evidence to prove that the Plaintiff did not wear the safety labelling at the time of the instant accident, and the Defendant’s above assertion is without merit.

3. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded, and the current value calculation at the time of the accident of damages shall be in accordance with the simple interest rate which deducts intermediary interest at the rate of 5/12 per month, and it shall be deemed to have been rejected that which is not written among the parties' arguments; and

(a)..

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