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(영문) 서울중앙지방법원 2018.01.25 2016가단5259519

손해배상(자)

Text

1. The Defendant paid KRW 41,022,416 to the Plaintiff KRW 5% per annum from September 8, 2013 to January 25, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 10:00 on September 8, 2013, driven a CA car (hereinafter “Defendant vehicle”) and made a left-hand turn on the alleyway in front of the Evalescent hospital located in Heung-gu, Young-gu, Young-si. On the left-hand side of the Plaintiff’s F car (hereinafter “Plaintiff’s vehicle”), the part of the front-hand part of the Defendant’s vehicle’s F car (hereinafter “Plaintiff’s vehicle”) that was left-hand on the right-hand side from the left-hand side of the Defendant’s vehicle’

(2) The Plaintiff suffered injuries, such as crypum, cryp salt, brain, etc., due to the instant accident.

(3) The defendant is an insurer who has concluded a comprehensive insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, each entry or video of Eul 8 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for the damages 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 defendant's liability by taking account of this, since the plaintiff neglected his/her duty of care to present the movement of the vehicle that proceeds from the course of the course of the lawsuit even though he/she had a duty of care to present the movement in the intersection without signal, etc., and such error caused the accident.

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the liability 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.

[Reasons for Recognition] Facts without dispute, Gap 4, 5, 7 evidence, Eul 9, 10, 13 evidence, and this Court.