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(영문) 서울중앙지방법원 2015.07.24 2013가단5120122

손해배상(자)

Text

1. The Defendant’s KRW 19,276,838 as well as the Plaintiff’s annual rate from November 17, 2012 to July 24, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B driven a vehicle C (hereinafter “Defendant vehicle”) around 14:20 on November 17, 2012, 2012, followed the part of the Plaintiff’s bicycle front wheeler part of the said vehicle, driving a bicycle in the direction of the park cemetery in the Yanju Park Park Park in the direction of the Yanju City, along the direction of the Yanju City, by driving the vehicle C (hereinafter “Defendant vehicle”). The Plaintiff suffered damage to the front part of the said vehicle’s bicycle front wheeler part of the said vehicle, which is facing the direction of the park cemetery in the direction of the Yanju Park Park in the direction of the Yan.

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 3, 18, 19, Eul evidence Nos. 1, 2 and 4 (including branch numbers, if any); hereinafter the same shall apply)

(iii) evidence Nos. 2 and 3, and the purport of the entire pleading

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

C. However, according to the evidence above, since the accident location of this case is a bend where the two-lanes are not separated, the plaintiff was also negligent in neglecting the duty of care to reduce speed and safely prevent accidents by predicting that the vehicle may proceed in the opposite direction.

Inasmuch as the Plaintiff’s negligence caused the instant accident, the Defendant’s liability is limited to 80% by comprehensively taking into account all the circumstances revealed in the pleadings of the instant case, such as the developments leading up to other accidents, the degree and degree of injury, and the progress of treatment.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item 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 on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value of damages at the time of the accident shall be calculated on May.