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(영문) 서울중앙지방법원 2014.10.31 2012가단139346

손해배상(자)

Text

1. The Defendant’s KRW 40,284,250 as well as the Plaintiff’s annual rate from May 7, 201 to October 31, 2014, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B driving a vehicle C (hereinafter “Defendant vehicle”) around 07:04 on May 7, 201, and driving the front road in the Dobong-gu Seoul Metropolitan Government D in front of the road in the direction E in the direction beyond the central line in the direction of E in the open-air market. While driving the road in front of the road in the direction of E, the Plaintiff, who was crossing the road in the direction of E, shocked the Plaintiff, and sustained an injury, such as cutting down the upper half of the upper half of the upper right.

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground for recognition: Unsatisfy, Gap 2, 3, 4, 5 evidence (including branch numbers if there is a paper number); hereinafter the same shall apply)

(2) The grounds of appeal No. 1

B. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. However, according to the evidence above, the plaintiff did not walk along the crosswalk and did not walk about about 10 meters away from the crosswalk, and the plaintiff's error caused this accident. Thus, it is reasonable to limit the scope of the defendant's liability by reflecting the plaintiff's error.

On the other hand, in light of the fact that the signal at the crosswalk was a pedestrian signal at the time, and the defendant tried to proceed in the opposite direction by the central line and the accident occurred, it is necessary to reflect the situation such as the fact that the normal direction is less than the victim's shock, and the fault of the victim is less than the victim's shock, and the defendant's liability is limited to 90% by considering the negligence of the plaintiff as 10%.

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 amount of damages shall be calculated at the rate of 5/12 per month.