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(영문) 서울중앙지방법원 2015.02.10 2013가단15522

손해배상(자)

Text

1. The Defendant paid KRW 7,862,327 to the Plaintiff KRW 5% per annum from June 30, 2012 to February 10, 2015.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a vehicle C around June 30, 2012 (hereinafter “Defendant vehicle”) around 17:37.

) A driver was negligent in neglecting the duty of the front-time watch while driving a road in front of the Shincheon-dong, Suwon-si, Suwon-si, Suwon-si, and was in front of the road, and the Plaintiff was faced with the injury of the Plaintiff, i.e., the head of the front-time watcher of the Defendant vehicle by shocking the Plaintiff’s body toward the Defendant vehicle, leading the Plaintiff to the front-time watcher of the vehicle, resulting in the injury of the Plaintiff, such as a e

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

[Ground of Recognition] Uncontentious Facts, Gap evidence 1 to 4, 6, Eul evidence 1 (including each number), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability, however, is limited to the Plaintiff, since the accident site of this case is a side of the Plaintiff without the separation of the vehicle, there is a duty of care to ensure the safety of the Plaintiff by properly examining whether the vehicle is in progress, and the Defendant’s liability is limited to 80% in consideration of the aspect of the fair and reasonable allocation of damages.

(2) Except as otherwise stated below within the scope of liability for damages, each item of the attached Table of the calculation of damages shall be the same as the corresponding item of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, 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 for calculation of damages in attached Form 1: (2) Income and operation period: The Plaintiff shall work in D from January 1, 2011 to December 31, 201, and the Plaintiff shall work in D, and each month = 2,00,000 won per annum.