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(영문) 서울중앙지방법원 2020.09.24 2019가단89

손해배상(자) 청구의 소

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1. The Defendant’s KRW 720,918,092 as well as 5% per annum from June 28, 2017 to September 24, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is a D vehicle on June 28, 2017 (hereinafter “Defendant vehicle”) around 22:38.

2) The Plaintiff, while driving his vehicle and driving his vehicle, was shocked with the front driver part of the Defendant’s vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff sustained injury, such as cutting down the bones of vertebrate, cutting down the body body body body body, cutting down the duplicating body body body, and cutting down the duplicating body.

3) The defendant is an insurer who has entered into an automobile comprehensive insurance contract against the defendant vehicle. The defendant is an insurer who has entered into an automobile comprehensive insurance contract for the defendant vehicle. The fact that there is no dispute about the ground for recognition, Gap's 1 through 4, and 8 through 10 (each entry or video including

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant’s vehicle.

C. The limitation of liability: (a) in the event that the Plaintiff, as the Plaintiff, has built a crosswalk without signal lights at night, he was negligent in neglecting his duty of care to cross the surrounding vehicle by sufficiently examining the flow of the surrounding vehicle; and (b) the Plaintiff’s error contributed to the occurrence of the instant accident and the expansion of damages; (c) thus, the Defendant’s negligence shall be considered as 10% in calculating the amount of damages to be compensated by the Defendant; and (d) the Defendant’s liability shall be limited

2. In addition to the matters stated below within the scope of liability for damages, each of the corresponding items of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated monthly, but less than the last month and less than KRW 1 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.

【Ground of recognition】 There is no dispute.