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(영문) 서울중앙지방법원 2021.02.05 2019가단5125358

손해배상(자)

Text

1. The Defendant’s KRW 42,895,314 as well as the Plaintiff’s KRW 5% per annum from September 20, 2017 to February 5, 2021.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C, while driving a D-crack-type car (hereinafter “Defendant”) under the influence of alcohol content of 0.232% on September 20, 2017 at around 04:03, while driving in the influence of alcohol during blood, and driving in the direction of the e-mail in the direction of the e-mail in front of the F E in Guro-gu Seoul Metropolitan City, in violation of the F E stoping signal at the right intersection in the direction of the e-mail, caused the Plaintiff’s Plaintiff’s Hyst or other taxi in the direction of G school (hereinafter “the instant traffic accident”) due to the instant traffic accident, the Plaintiff sustained injury, such as a flickus, etc., due to the instant accident.

3) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract against the Defendant vehicle.

【Uncontentious facts, Gap evidence Nos. 1 and 2 (including various numbers, if any; hereinafter the same shall apply)

(including investigation records sent by the Seoul Southern District Public Prosecutor's Office)

B. According to the above recognition of liability, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff was injured by the operation of the Defendant’s vehicle.

2. Except as otherwise stated below within the scope of liability, each item of the Schedule for Calculation of Compensation Amount for Attached Damage shall be the same as that of the corresponding item, 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 governed by the discount law that deducts the interim interest at the rate of 5/12 per month.

In addition, it is the purport of rejecting all the arguments of the parties, which are not separately explained by the parties.

【In the absence of dispute over the basis of recognition, Gap evidence Nos. 3 and 5, Eul evidence Nos. 1, Eul evidence No. 1, the result of each physical appraisal commission to the head of this court, I hospital and J hospital, and the purport of the whole pleadings.