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(영문) 서울중앙지방법원 2018.10.19 2016가단5305771

손해배상(자)

Text

1. The Defendant’s KRW 54,409,790 as well as the Plaintiff’s annual rate from March 4, 2016 to October 19, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D vehicles around 13:00 on March 4, 2016 (hereinafter “Defendant vehicles”).

) A driver is going to the intersection in front of the F three-distance intersection in E in E in E in the direction of the course of the Defendant’s vehicle, and the Plaintiff, who crosses the road to the port from the right side of the Defendant’s vehicle, was shocked toward the right side of the Defendant’s vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury to the Plaintiff, such as the instant accident, to the left legle, to the left skele, to the left skele, and to the front shotle, and to the inner shotle, etc.

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with the Defendant’s vehicle. 【The fact that there is no dispute over the grounds for recognition, Gap evidence 1, Eul evidence 2-1 and Eul evidence 2, Eul evidence 2-2, the purport of the whole pleadings and arguments

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring special circumstances, 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) the Plaintiff, as well as the Plaintiff, committed an error of crossing the road without examining the progress of the vehicle while making a cell phone call inside the intersection and without examining the progress of the vehicle; and (b) as such, the Plaintiff’s error contributed to the occurrence of the instant accident and the expansion of damages, the Plaintiff’s fault should be considered in calculating the amount of damages that the Defendant would compensate for. However, the Plaintiff’s fault should be considered as 35%, and the Defendant’s liability is limited to 6

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 amount of damages shall be calculated at the rate of 5/12 per month.