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(영문) 서울중앙지방법원 2014.07.25 2013가단192474

손해배상(자)

Text

1. The Defendant’s KRW 1,831,375 as well as 5% per annum from July 14, 2012 to July 25, 2014 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 14:05 on July 14, 2012, when driving a car C car (hereinafter “Defendant vehicle”) and stopping the vehicle to enter the home fluor parking lot located in the Kuo-dong at his own Government, led to a mistake in the operation of the vehicle in the process of departing from the vehicle, and thereby, caused the Plaintiff to go behind the vehicle. Accordingly, the Plaintiff, who was standing the crosswalk on the lower side of the said vehicle, was shocked to the lower part of the said vehicle, and caused the Plaintiff to go up with the upper part of the vehicle.

(hereinafter “instant accident”) (2) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 and 5 (including paper numbers) and 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 an insurer.

C. Although the Defendant asserted that the Plaintiff was negligent in violating the duty of care in front of the instant accident, the Defendant did not appear to be liable to the Plaintiff in light of the details and content of the instant accident, and thus, the Defendant’s allegation is rejected.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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 of paragraph (1) of the lost income: D students, age at the time of the accident - income and operation period of 44 years old: Urban Daily Wage, (3) whether they have lost their ability to work or not, and (4) as a result of the court’s commission of physical examination of the head of the old University Hospital, Korea University Hospital.