beta
(영문) 서울중앙지방법원 2017.10.27 2013가단5921

손해배상(자)

Text

1. The Defendant’s KRW 46,897,648 as well as the Plaintiff’s KRW 5% per annum from August 12, 2012 to October 27, 2017.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) B vehicle B (hereinafter “Defendant vehicle”);

() On August 12, 2012, around 18:45, the driver, while driving along two lanes in the direction of the Seoul 303 km-dong Gyeongdong-dong Gyeongdong-gu, Chungcheongnam-gu (hereinafter “instant accident”), the driver did not find out the vehicle C, which the Plaintiff driven in the front section, stops in the front section, and proceeded as it is without discovering the vehicle while driving along the two lanes in the direction of the Seoul 303 km-dong Gyeongdong-dong Gyeongdong-gu (hereinafter “instant accident”). The subsequent accident is the Defendant

2) As a result of the instant accident, the Plaintiff suffered injury, such as the escape from a warning sign, and the external trauma, etc.

3) The Defendant is an insurer which has concluded a comprehensive automobile insurance contract with respect to the Defendant vehicle. [The fact that there is no dispute over grounds for recognition, Gap 1 and 2, and the purport of the whole pleadings.]

B. According to the above facts, 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 Defendant asserts that the Defendant should limit the Defendant’s liability by taking account of the Plaintiff’s failure to wear the safety belt at the time of the instant accident. However, the evidence submitted by the Defendant alone is insufficient to recognize that the Plaintiff did not wear the safety belt at the time of the instant accident, and there is no other evidence to acknowledge it. Therefore, the Defendant’s assertion is rejected.

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, it is rejected that the parties' arguments are not stated separately.

Personal information on lost income 1: The term "basic matters" in the attached Form for calculation of damages.