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(영문) 서울중앙지방법원 2015.12.18 2014가단235682

손해배상(자)

Text

1. The Defendant’s KRW 8,674,576 as well as the Plaintiff’s annual rate of 5% from December 14, 2013 to December 18, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a vehicle C at around 02:20 on December 13, 2013 (hereinafter “Defendant vehicle”).

2) The Plaintiff, while driving the Defendant and driving the Defendant and driving the Defendant along a two-lane road at the jurisdiction of the Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-do, Seongbuk-do, and driving it along a two-lane road at the jurisdiction of the Seoul National University, was negligent in performing the duty of care to properly operate the steering and steering devices, and the Plaintiff who crossed the said road to the right side from the left side of the Defendant’s driving direction. Accordingly, the Plaintiff suffered an injury, such as the right-hand high-speed, the left-hand slelelele, the left-hand slelele, and the left-hand slele, etc. (hereinafter “instant accident”).

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

B. According to the above facts, the defendant is liable for damages suffered by the plaintiff due to the accident of this case.

C. Limit of liability, however, there is a negligence that the plaintiff, as a pedestrian, has been negligent in crossing a place other than a crosswalk at night as a pedestrian, and thus, the defendant's liability is limited to 65% by comprehensively taking into account these points, etc.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, 6, 11, Eul evidence 2 and 3

(2) The grounds of appeal No. 1

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 1) Personal information: as stated in the “basic matters” list of the amount of damages calculated, the Plaintiff becomes 60 years of age, the maximum working age.