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(영문) 서울고등법원 2011.11.11 2009나91592 (1)

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 19:00 on April 21, 2007, caused an accident where the part of the Plaintiff’s left side side of the road coming from the same direction was taken by negligence when he neglected to perform his duty of front-time watch while driving a philosophical vehicle on the front of the Dphilosophical Library in Bupyeong-gu Incheon Metropolitan City (hereinafter “Amenical vehicle”) and driving on the front side of the Dphilosophical hall (hereinafter “the instant accident”).

(2) Due to the instant accident, the Plaintiff suffered injury, such as the Hadle, the lusium bed, the lusium, the lusium, and the lusium rasium rasium rassium

(3) The Defendant is an insurer who has concluded an automobile insurance contract with respect to a sea-going vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, 5, Eul evidence Nos. 1 and 4 (including each number), the purport of the whole pleadings

B. According to the above facts, the defendant is responsible for compensating the plaintiff for the damages caused by the accident of this case.

C. Meanwhile, according to the evidence as seen earlier, the Plaintiff did not separate India and vehicular road, so the Plaintiff did not live well in the passage of the surrounding vehicle on the road on which the vehicular road is proceeding, and the Plaintiff’s negligence was caused by the occurrence of the instant accident and the expansion of damages.

Therefore, it shall be considered in calculating the amount of damages that the defendant should compensate, but the degree of negligence shall be 20%, so the defendant's liability ratio is limited to 80%.

2. The same shall apply to the attached table of calculation of damages, except as otherwise stated below within the scope of the liability for damages.

In principle, the period for the calculation below shall be calculated on a monthly basis, but the amount less than a month shall be included on the side on which the amount is less than the won and less than the last month shall be discarded, respectively, and the current value calculation at the time of the accident shall be the head of the unit that deducts the interim interest at the rate of 5/12 per month.