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(영문) 서울중앙지방법원 2018.11.14 2017가단5230959
손해배상(자)
Text

1. The Defendant’s KRW 16,436,90 for the Plaintiff and KRW 5% per annum from February 23, 2016 to November 14, 2018.

Reasons

1. Occurrence of liability for damages;

A. On February 23, 2016, B: (a) 09:35, Feb. 23, 2016, Csi (hereinafter “Defendant vehicle”).

) A driver, while driving his vehicle, in violation of the signal from the ethm to the ethmal post, the 74-gil-ro 260, Goyang-gu, Goyangyang-gu, Goyang-gu, Suyang-gu, Hayang-ro, Hayang-ro, Kayang-ro, and Haaked the D-si, who was directly engaged in under the new name

2) The Plaintiff, who was on board D taxi due to the instant accident, sustained injury, such as 100,000, to the right direction.

3) The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid agreement with respect to the defendant's vehicle. [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 4 (including paper numbers, the purport of the whole pleadings

B. According to the above recognition of liability, the defendant, who is a mutual aid business operator for the defendant's vehicle, is liable to compensate the plaintiff for damages caused by the accident in this case

C. The Defendant asserts that the Defendant should limit the Defendant’s liability by taking into account the fault that the Plaintiff did not wear the safety labelling at the time of the accident, but there is no evidence to acknowledge that the Plaintiff did not wear the safety labelling. Therefore, the Defendant’s assertion is without merit.

2. Except as otherwise stated below within the scope of the liability for damages, each of the corresponding items of the Schedule of Calculation of Compensation for Damages, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

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

Personal information 1) Personal data: as stated in the column for calculating the amount of damages in attached Form 2, income and operating period: 4,095,000 won per month, and until the Plaintiff reaches the age of 60 as sought by the Plaintiff, the Plaintiff and E organization at the time of the instant accident and the annual salary shall be 49,140.

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