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(영문) 서울중앙지방법원 2018.08.29 2016가단155797
손해배상
Text

1. The Defendant’s KRW 7,819,976 for the Plaintiff and its related KRW 5% per annum from December 10, 2015 to August 29, 2018.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a cab around 22:55 on December 10, 2015 (hereinafter “Defendant vehicle”). B is a cab around December 22:55.

) A driver driving a Do and driving a Do motor vehicle in the direction of a water source from the Seoul direction to the five-lanes of the 480.5km point at the right 480 km of the Sinnam-gu Gyeongnam-gu Gyeongnam-si (hereinafter “instant accident”) and driving the Do motor vehicle in the front direction of the Defendant vehicle (hereinafter “instant accident”).

2) The Plaintiff, on board the Defendant’s vehicle, sustained injury on the e-mail, etc. due to the instant accident.

3) The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the Defendant’s vehicle (based on recognition). The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the Defendant’s vehicle (based on recognition), without dispute

B. According to the above facts, the defendant is liable to compensate the plaintiff for the damages caused by the accident in this case as a mutual aid business operator of defendant vehicle.

C. Limit of liability: (a) there was an error by which the Plaintiff did not wear a safety level mark even, and such negligence caused the expansion of damages, and thus, the Defendant’s liability is limited to 90% in consideration of such circumstances.

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.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

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

In the future, medical expenses are required to the Plaintiff to bear KRW 3,700,000,00. For the purpose of calculation, it is deemed to have been disbursed on July 26, 2018 on the day following the date of closing argument of the instant case for the purpose of calculation, and it is 3,276,720, if calculated at the present price at the time of

B. Limitation of liability: Defendant’s liability 90%

C. Mutual aid: The Plaintiff’s negligence amounting to KRW 129,072 out of KRW 1,290,720 paid by the Defendant.

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