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(영문) 서울중앙지방법원 2018.09.07 2017가단5093419

손해배상(자)

Text

1. The Defendant’s KRW 605,813,150 as well as the Plaintiff’s annual rate from January 15, 2016 to September 7, 2018.

Reasons

1. Occurrence of liability for damages;

(a) 1) On January 15, 2016, C: (a) around 19:10 on the road of Seosan-si Dolllle Down on January 15, 2016, C is the Defendant vehicle E and III truck (hereinafter “Defendant vehicle”).

2) While driving a vehicle, C neglected to perform the duty of front-time care. 2) due to the above mistake, C took the Plaintiff, who was faced with the right edge of the above road, from behind the Plaintiff, as the front part of the Defendant’s vehicle, and escaped without taking any measure against injury, such as brain injury, etc. without any open two measures for treatment between about 16 weeks and the Plaintiff.

(B) The Defendant is an insurer who entered into a comprehensive insurance contract with respect to the Defendant’s vehicle. According to the fact of recognition of liability, the Defendant is liable for the damages incurred by the Plaintiff due to the instant accident as the insurer of the Defendant’s vehicle. (c) The Defendant asserts that the Defendant should limit the Defendant’s liability by taking account of the Plaintiff’s fault, which was not the edge of the road. However, there is no evidence to acknowledge the Plaintiff’s mistake, and the Defendant’s assertion is without merit.

2. The scope of liability 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, it is rejected that the parties' arguments are not stated separately.

[Reasons for Recognition] Facts without dispute, Gap evidence 6 through 8, Eul evidence 8, F Hospital Head, G Hospital Head, the purport of the whole argument

(a) Personal information 1): H-born women, and income and operating period of February 16, 2029, when the name of female is ended: