(영문) 서울중앙지방법원 2019.12.06 2018가단5161470

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(영문) 서울중앙지방법원 2019.12.06 2018가단5161470

손해배상(자)

Text

1. The Defendant’s KRW 10,688,328 as well as the Plaintiff’s annual rate from September 24, 2017 to December 6, 2019.

Reasons

1. Occurrence of liability for damages;

A. On September 24, 2017, at around 19:33, Dsi (hereinafter “Defendant vehicle”) driven a two-lane of the two-lane in the vicinity of the Seoul mid-gu E-gu, Seoul Central Road Traffic Authority, where the two-lane of the two-lane of the two-lane of the two-lane of the two-lane of the width of the new railway station, but the front line signal was changed from green to yellow light, but the front line was changed from green to three-lane of the two-lane, and the Plaintiff was shocked from the left side of the mast to the right side of the crosswalk.

(hereinafter “the instant accident”). The Plaintiff suffered injuries, such as cage cage cages, etc., from the pelbus of the instant accident.

The defendant is a mutual aid business operator who has entered into a mutual aid contract for the defendant vehicle.

【Ground of recognition】 The fact that there is no dispute, or is obvious to the court, Gap 1 through 2 (including each number, hereinafter the same shall apply), Eul 1 through 6, and the purport of the whole pleadings

B. According to the fact of recognition of liability and the above-mentioned recognition, the plaintiff sustained injury due to the operation of the defendant vehicle, and the defendant is liable for compensating the plaintiff for the damages caused by the accident in this case.

However, according to the above evidence, it is recognized that the plaintiff was negligent in the commencement of crossing when the pedestrian signal of the crosswalk is red on the road where the passage of the vehicle is frequent, and thus, the defendant's liability is limited to 75% by deeming the negligence as 25%.

2. In principle, a 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 KRW 10 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 shall be rejected that the parties' arguments are not separately explained.

【Ground of recognition】 The fact that there is no dispute, or is obvious to the court, evidence No. 2, evidence No. 7, the result of commissioning the physical examination of the head of the F Hospital Hospital, the empirical rule, and the purport of the whole

A. Basics for lost earnings 1: the column of “basics” in the attached Form of damages calculation sheet shall be written.

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