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(영문) 서울중앙지방법원 2018.02.08 2016가단5078925
손해배상(자)
Text

1. The Defendant: (a) KRW 7,602,565; and (b) KRW 200,000 and each of the said money to Plaintiff A from August 9, 2015 to February 8, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) C is driving D Freight Vehicles (hereinafter “Defendant Vehicles”) around 17:45 on August 9, 2015 and driving on the two-lanes between the two-lanes of the passenger and the two-lanes of the passenger.

While changing the course into a two-lane, the left side of the E-Motor Vehicle F (hereinafter referred to as “Plaintiff-motor vehicle”) driven in the two-lanes was shocked by the Defendant-motor vehicle.

(2) In the instant accident, Plaintiff A, who was accompanied by the Plaintiff’s vehicle, sustained injuries, such as crypists and crypitiss.

(3) The Plaintiff B is the mother of the Plaintiff A, and the Defendant is a mutual aid project operator who entered into a mutual aid agreement on the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul 2 evidence, the purport of the whole pleadings

B. According to the above recognition of liability, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident of this case as a mutual aid business operator of defendant vehicle.

C. The Defendant, at the time of the instant accident, asserts that the Defendant should limit the Defendant’s liability as the Plaintiff’s liability was increased due to the Plaintiff’s failure to wear the safety labelling at the time of the accident. However, the submitted evidence alone is insufficient to deem that the Plaintiff did not wear the safety labelling at the time of the accident, and there

Therefore, the defendant's above assertion is not accepted.

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;

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

[Reasons for Recognition] The facts without dispute, Gap-5 to 10 evidence (including the paper number), the result of the commission of physical examination to the director of the Gyeonghee University Hospital in this Court, the rule of experience and the purport of the whole pleadings

a. (1) Personal information A G (2) income;

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