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(영문) 서울중앙지방법원 2015.12.22 2014가단5116298
손해배상(자)
Text

1. The Defendant’s KRW 8,302,234 as well as the Plaintiff’s annual rate of 5% from May 17, 2013 to December 22, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant’s vehicle B (hereinafter “Defendant’s vehicle”)

(2) On May 17, 2013, C was driving the Defendant vehicle at a speed of 31 to 40km from the Si Library to the forestry cooperative located in the station at the Si Library at a speed of 60km/h from the speed of 31 to 40km.

At this time, without the Plaintiff’s wearing a safety cap, the Plaintiff driven a 500cc Stopy (hereinafter “Otoba”) without a driver’s license, and attempted to drive a Stoba in the city library at the entrance of the oil station at a speed of approximately 20 km/h to the city library, and the front and rear wheels of the driver’s seat of the Defendant vehicle were in conflict with each other (hereinafter “instant accident”), and C escaped without any rescue measure.

As a result, the plaintiff suffered a wound, such as an external wound, etc.

D E [Ground for recognition: Facts without dispute, Gap evidence 2, 3, Eul evidence 1, 3 through 6, purport of the whole pleadings]

B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as an insurer.

C. Although the limitation of liability did not neglect the duty at the time of the front week and did so, and did not take any measures thereafter, C’s fault, which did not take any measures. However, in light of the circumstances surrounding the accident, the Plaintiff entered the road without due care to the Defendant’s vehicle driving along the train line. Such error was caused by the instant accident and the expansion of damages, and thus, the Defendant’s liability is limited to 45%.

(55% of the plaintiff's fault ratio) 2. The amount of damages, other than that stated separately below the scope of liability for damages, shall be the same as each corresponding item of the attached Table of calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, in principle.

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