beta
(영문) 서울중앙지방법원 2018.01.31 2016가단5095203

손해배상(자)

Text

1. The Defendant: KRW 73,30,517 for the Plaintiff and KRW 5% per annum from May 7, 2015 to January 31, 2018; and

Reasons

1. Occurrence of liability for damages;

A. Fact 1) B: (a) around 23:25 May 7, 2015, 2015: CFD car (hereinafter “Defendant vehicle”).

(B) The Plaintiff, while driving his vehicle and driving his vehicle, proceeded along five-lanes of the Do-dong Seoul Ambassador-dong, Do-dong, Dong-dong, Dong-dong, Do-dong, Sungnam-si, along one-lanes of the Gacheon-dong, from the shooting distance boundary of the Gacheon-dong, to the Gacheon-dong, the central line is not connected to the U.S., but the U.S., who violated the signal in the opposite part of the U.S., was driving (hereinafter referred to as the “instant accident”).

2) The Plaintiff suffered injury on the left-hand side of the instant accident, such as the pelvis.

3) The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle. According to the fact of recognition of liability, the Defendant is liable for the damages incurred by the Plaintiff due to the instant accident as an insurer of the Defendant vehicle. (c) The Plaintiff is also liable for damages. Since the Plaintiff’s limitation of liability also violated signal, was negligent in operating Ortoba without complying with the designated lane, and the Plaintiff’s negligence also caused the expansion of damages, taking this into account the fact that there was no dispute, and the Defendant’s liability is limited to 80% by deeming the Plaintiff’s negligence as 20% and limited to the Defendant’s liability to 80%. [Grounds for recognition] The fact that there is no dispute,

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 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.

Personal information on one person from lost income: it is stated in the column of "basic matters" in the attached Form for calculation of damages.