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(영문) 서울중앙지방법원 2020.10.30 2017가단5229683

손해배상(자)

Text

1. The Defendant’s KRW 93,289,754 as well as 5% per annum from December 14, 2015 to October 30, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) C, around December 14, 2015, at around 18:15, 2015, the D Kaman car (hereinafter “Defendant vehicle”).

) A driver’s license, driving a vehicle, driving a four-lane road in front of the F convenience point in E in the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the two-lane road in the front of the front of the front of the front of the front of the front of the front of the road (hereinafter “instant accident”).

2) The Plaintiff suffered injury, such as scarcity, etc., due to an accident.

3) The defendant is an insurer who has entered into an automobile comprehensive insurance contract against the defendant vehicle (based on recognition). The defendant is an insurer who has entered into an automobile comprehensive insurance contract for the defendant vehicle (based on recognition), the fact that there is no dispute, Gap evidence Nos. 1 through 3, 10, and Eul evidence No.

- The purport of the whole pleadings

B. Since the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the vehicle.

C. Since the Plaintiff’s limitation of liability collapses on a crosswalk without signal lights, the Plaintiff caused the occurrence of an accident that caused a vehicle driver’s negligence, even though it was necessary to safely walk, by recognizing the Plaintiff and checking whether the driver stops or stops, and even if it was necessary to walk safely.

The defendant's liability is limited to 90% of the defendant's liability by deeming the negligence ratio to the plaintiff 10% and the defendant 90% in consideration of all the circumstances concerning the accident, such as the fact that the defendant's vehicle did not temporarily stop in the crosswalk stop line, the plaintiff's hand and expressed his intention to cross the crosswalk, etc.

2. In addition to the matters stated below within the scope of liability for damages, the annexed sheet of liability for damages shall be as follows.

The period of calculation shall be calculated on a monthly basis, and where there is a day on which statistical income is changed during the monthly unit period, statistical income for the forward period shall be applied, and it shall be less than the last month and won.