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(영문) 서울중앙지방법원 2016.11.09 2015가단5366335

손해배상(자)

Text

1. The defendant shall pay to the plaintiff KRW 18,223,678 as well as 5% per annum from May 4, 2009 to November 9, 2016 and the next day.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 11:25 on May 4, 2009, driving a vehicle (hereinafter “Defendant vehicle”) on a road with no distinction between the cocks, apartment, front vehicular road and sidewalk located in Suwon-si, Suwon-si, and driving a vehicle C (hereinafter “Defendant vehicle”) on the front side of the apartment, which led to the Plaintiff crossing the right-hand side from the left-hand side of the Defendant vehicle, due to the shock of the Plaintiff’s failure to perform his/her duty of care on the front side of the road, thereby causing injury, such as cutting down the growth plate of the foundation of the abandonment, etc.

(hereinafter “instant accident”) (2) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract concerning the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

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

C. Limit of liability, however, there is negligence of walking without looking at the surrounding areas of the road where the vehicle is traveling, and such negligence of the plaintiff also caused considerable damage to the occurrence and expansion of the damage caused by the accident in this case.

In addition, the place where the accident of this case occurred is a side road adjacent to an apartment that is not divided into a sidewalk and a roadway, and the plaintiff's fault ratio shall be 10% and the defendant's responsibility shall be limited to 90% in consideration of the fact that the plaintiff is a child who has not been aged five at the time of the accident.

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the 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, the parties' arguments are separate.