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(영문) 서울중앙지방법원 2016.07.06 2014가단5348064

손해배상(자)

Text

1. The Defendant’s KRW 435,750,098 for the Plaintiff and the following: 5% per annum from October 3, 2013 to July 6, 2016.

Reasons

1. Occurrence of liability for damages;

(a) 1) B A A FF car at the construction site of the Do Office Station of the Do Office of the Do Office of the Suwon-si, Suwon-si, Suwon-si on October 13, 2013 (hereinafter referred to as the “Defendant”) at around 10:0,00

(2) While a boomer’s boom boom that was fixed on a boom-boom-booming part of the Plaintiff’s booming booming that was incurred while moving a boom-booming boom in order to get out of the boom-booming part of the Plaintiff’s back part on the ground while driving and conducting concrete booming work, the Plaintiff suffered injury, such as an unidentified booming part of the Plaintiff’s booming part, damage to the booming part

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

[Ground of recognition] Facts without dispute, Gap 3, 4, 9, 15 (including partial number), Eul 1 and 2, the purport of the whole pleadings

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. Limit of liability, however, since the Plaintiff had been engaged in a dangerous construction in a narrow working space, there was a need to refrain from and approach the access to the Defendant’s vehicle.

Even though the Working Group has maintained a certain distance at the Working Group, the Plaintiff’s error contributed to the occurrence of the instant accident and the expansion of damages, and thus, the Defendant’s liability is limited to 80% by comprehensively taking into account all the circumstances revealed in the instant argument, such as the Plaintiff’s negligence and the developments leading up to the instant accident.

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, the parties' arguments.