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(영문) 서울중앙지방법원 2017.06.23 2016가단117542

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 7,407,091 and the interest rate of KRW 15% per annum from December 31, 2016 to the day of complete payment.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant is the Defendant’s vehicle with EXE at around 07:20 on April 22, 2014 (hereinafter “Defendant’s vehicle”).

) A driver, while driving a vehicle and driving a four-lane road in front of Gwanak-gu in Seoul Special Metropolitan City, along four-lanes into the private road basin from the direction of the street, while driving a bicycle installed on the right side of the road to the side of the private elementary school, the part of the front wheel of the bicycle driven by the plaintiff, who was driving along the bicycle installed on the right side of the vehicle in front of the defendant vehicle, was shocked into the right side of the front part of the defendant vehicle (hereinafter referred to as “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as an abdominium and an abdominium, etc., in need of treatment for about 56 days.

【Reason for Recognition】 Each description of evidence Nos. 1 through 4 (including all evidence attached to a provisional number) and the purport of the whole pleadings

B. According to the above recognition of liability, the defendant, who is the operator of the defendant vehicle, is liable to compensate for the damages suffered by the plaintiff, unless there are special circumstances, since the plaintiff sustained an injury due to the operation of the defendant vehicle.

C. Restrictions on liability, however, the Plaintiff, as well as the Plaintiff, should have proceeded with the vehicle bypassing from the side road as well, without examining it. However, the Plaintiff’s error was due to considerable cause for the occurrence of the instant accident and the expansion of damage, and thus, the Defendant’s fault should be considered in calculating the amount of damages to be compensated by the Defendant, but the Defendant’s liability should be limited to 90% by deeming the Plaintiff’s negligence as 10%.

2. Scope of liability for damages

A. The Plaintiff claimed that KRW 5,002,160 was paid for the treatment expenses of KRW 4,881,213, and submitted KRW 5,002,160 for the treatment expenses of KRW 5,00. However, the payment of KRW 17,280 for KRW 23 of the evidence No. 5-22 was paid as part of KRW 66,123 for the treatment expenses recognized in accordance with the evidence No. 5-22.