(영문) 울산지방법원 2019.12.06 2018가단75230

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(영문) 울산지방법원 2019.12.06 2018가단75230

손해배상(자)

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1. As to the Plaintiff A, the Defendant: (a) KRW 9,129,177; (b) KRW 8,066,490; and (c) KRW 8,06,490; and (d) each of the said money, from June 9, 2017 to June 2019.

Reasons

1. Basic facts

A. The Defendant is a mutual aid operator who has entered into a motor vehicle mutual aid contract with D vehicles (hereinafter “Defendant vehicles”).

B. On June 9, 2017, around 14:00, the Defendant’s vehicle changed the course from one lane to two lanes in order to overtake a vehicle running ahead of the F Center in front of the F Center in Busan, Seo-gu, Busan, in order to overtake the vehicle in front of the other two lanes, and then changed the driving seat of the Plaintiff’s G driving vehicle (hereinafter “Plaintiff’s vehicle”) driving on the two lanes prior to the foregoing, and changed the driving seat into the front part of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

In the instant accident, the Plaintiff, who was on board the Plaintiff B and the head of the Plaintiff’s vehicle, sustained an injury, such as the climatic and climatic salt, etc.

[Ground of recognition] Facts without dispute, Gap 2, 5 evidence, Eul 3 evidence, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, as the plaintiffs sustained an injury due to the operation of the defendant vehicle, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident of this case as the mutual aid business operator of the defendant vehicle, barring special circumstances.

B. The limitation of liability had been placed on three occasions after the accident of this case against the plaintiffs, and in particular, on February 16, 2018, the defendant's liability should be limited to 60% in light of the fact that the accident of this case seems to have contributed to the expansion of damage caused by the accident of this case, and the circumstance of the accident of this case, the situation of the accident of this case, the situation of the accident of this case, and the degree of collision, and the degree of damage, etc. of the vehicle driving by the plaintiff A and getting on the back seat of the plaintiff B, which was inferred by the vehicle behind the vehicle following the accident of this case.

3. The following periods within the scope of liability for damages shall, in principle, be calculated on a monthly basis.

유사 판례

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-수원지방법원 2017.02.15 2016가단515243

-서울중앙지방법원 2017.06.08 2015가단127818