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(영문) 전주지방법원정읍지원 2015.08.11 2012가단4426

손해배상(자)

Text

1. The Defendant’s KRW 6,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 3, 2011 to August 11, 2015.

Reasons

1. Occurrence of liability for damages;

A. (1) The fact of recognition that B is a vehicle C at around 15:50 on December 3, 2011 (hereinafter “Defendant vehicle”).

2) The plaintiff's driver, while driving, neglected to perform his duty to see the left-hand turn to the right-hand left-hand turn at the Myeon of the Hanmae Village located in the west-gun of the west-gun of the United Kingdom of the United Kingdom, due to neglecting his duty to see the left-hand turn to the right-hand turn at the Myeon of the Hanma Village of the United Kingdom of the United Kingdom of the United Kingdom of the United Kingdom of the United Kingdom of the United Kingdom of the United Kingdom of the United Kingdom of the United Kingdom of the United Kingdom of the United Kingdom of the United Kingdom of the Republic of Korea (hereinafter

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

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, 2, 3-1 to 3, 7-9, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. However, according to the above evidence, since the accident site of this case is an intersection where traffic control is not performed, the plaintiff has a duty of care to report the traffic situation of the intersection with temporary suspension and slowly, and it is reasonable to deem that the plaintiff's negligence caused the accident of this case.

Therefore, the Defendant’s liability is limited to 30% by comprehensively taking into account the following circumstances, such as the Plaintiff’s negligence, the developments leading up to the instant accident, the degree and degree of the injury and the aftermath disability, and the progress of treatment.

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 at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 per month.