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(영문) 서울중앙지방법원 2017.08.25 2015가단5172516

손해배상(자)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are as follows: (a) around 10:00 on February 22, 2014; (b) C-A-Wed Vehicles (hereinafter “Defendant Vehicles”).

) The Plaintiff’s driving vehicle DK5 (hereinafter “Plaintiff’s vehicle”) that was driven by the Plaintiff while driving at a point of 386 km on the Young-do Gyeong-do Gyeongnam Highway (hereinafter “Plaintiff’s vehicle”) at the same time as the Plaintiff’s driving took place.

) The rear part of the vehicle was shocked in front of the Defendant vehicle, and due to the shock, the front part of the Plaintiff vehicle and the rear part of the E vehicle running ahead of the Plaintiff vehicle were collisioned (hereinafter “instant accident”).

2) According to the instant accident, the Plaintiff suffered from an injury to the Hadern bee and tension.

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with the Defendant’s vehicle. The Defendant is an insurer who entered into an automobile comprehensive insurance contract. The fact that there is no dispute over the grounds for recognition, Gap evidence 2, Eul evidence 3-1,

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant’s vehicle.

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 1) Personal data: as stated in the “basic matters” list of damages calculation sheet: 2) Income and operating period: KRW 3,641,245 per month: The Plaintiff, as the Army Order of the Army at the time of the instant accident, worked as a military officer, and received KRW 46,172,310 in total from March 2013 to February 2014.