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(영문) 서울중앙지방법원 2017.11.29 2016가단5214097
손해배상(자)
Text

1. The Defendant: (a) KRW 50,935,271; (b) KRW 48,949,546 to Plaintiff A; and (c) KRW 48,946 to each of the said money, from January 6, 2016 to January 2017.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C: (a) around 03:50 without a driver’s license of a motor vehicle on January 6, 2016, C is the Defendant vehicle (hereinafter “Defendant vehicle”).

(ii)the E-Poter two cargo vehicles (hereinafter referred to as “damageed vehicle”) driven by the Plaintiff A, driving from the 6rd side of the Madge Industrial Complex to the Incheon University in accordance with signals, due to the negligence of entering and proceeding along the intersection of the 65 private distance intersection of the 65 South-gu Incheon Metropolitan City, in violation of the signal from the direction of the drawing mix to the IC.

(1) The left side portion of the Defendant’s vehicle was received in front of the right side of the Defendant’s vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff A suffered injury, such as damage in the two parts, which had no one in the open two parts, and the Plaintiff B, who was accompanied by the damaged vehicle, suffered injury, such as the frame of internal walls, etc.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the Defendant’s vehicle. Along with the fact of recognition of liability, the Defendant is responsible for compensating the Plaintiffs for damages caused by the instant accident. C) The Defendant’s assertion that the negligence not to fasten the safety belt should be taken into account on the part of the Plaintiffs’ injury. However, the Defendant’s assertion alone is insufficient to recognize the fact that the Plaintiffs did not fasten the safety belt, and there is no other evidence to acknowledge it. Therefore, the Defendant’s assertion is not accepted. [Grounds for recognition] The Defendant’s assertion is without dispute, and there is no evidence to acknowledge it.

2. Scope of liability for damages

A. In addition to the matters stated separately under the scope of the liability for damages with respect to Plaintiff A, each of the pertinent items in the calculation table of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 1 shall be discarded.

The current value of the damages at the time of the accident shall be calculated at the rate of 5/12 per month.

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