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(영문) 서울중앙지방법원 2018.01.24 2016가단5277289

손해배상(자)

Text

1. The Defendant’s KRW 6,095,970 as well as the Plaintiff’s annual rate from November 17, 2015 to January 24, 2018.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a vehicle C at around 00:01 on November 27, 2015 (hereinafter “Defendant vehicle”).

(B) In the instant case, the Defendant’s vehicle was driven at the Domba bus terminal located in Ulsan-gun, Ulsan-gun, Ulsan-gun, the head of the Dong-gun, by mistakenly manipulating the steering gear while operating the steering gear under the influence of alcohol on the Dombrgn golf course and the view view view room, thereby falling down the Defendant’s vehicle under the direction below 5 meters (hereinafter “instant accident”).

(2) The Plaintiff, who was on board the Defendant’s vehicle due to the instant accident, sustained injury on the brain, etc.

3) The defendant is an insurer which has entered into an automobile comprehensive insurance contract with respect to the defendant vehicle (based on recognition). The fact that there is no dispute, Gap 1, 2, 4 through 8 (including partial numbers, and the purport of the whole pleadings)

B. According to the above facts, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. The evidence revealed prior to the limitation of liability reveals that the Plaintiff was a partner of the Defendant Company B, a driver of the instant vehicle, and was on board the Defendant Company with the knowledge of the fact that the Plaintiff was in a drinking state after the instant accident occurred at the time of the instant accident, and in consideration of other circumstances revealed in the pleadings of the instant case, the Plaintiff was erroneous in failing to perform the duty to urge safe driving, and such errors are deemed to have contributed to the occurrence of the instant accident and the expansion of damage, and thus, the Plaintiff’s negligence is deemed to be 25% and the Defendant’s responsibility

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, the parties' arguments.