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(영문) 서울중앙지방법원 2015.02.10 2013가단283882

손해배상(자)

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1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from January 18, 2011 to February 10, 2015.

Reasons

1. Occurrence of liability for damages;

A. At around 15:00 on January 18, 201, B: (a) the Defendant’s vehicle is deemed C (hereinafter “Defendant’s vehicle”).

) The Plaintiff’s non-registered motor bicycle (hereinafter “Plaintiff’s Haba”), which was driven by the Plaintiff’s driving, while driving a two-lane near the U. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S

2) In order to overtake the Plaintiff’s vehicle, the Defendant’s left-hand part of the Defendant’s vehicle was reversed to the right-hand side of the Defendant’s vehicle, and the Plaintiff’s vehicle was remanded to the Defendant’s road, and thereby, the Plaintiff sustained the injury of the Plaintiff’s two side blood transfusion, etc. (hereinafter “instant accident”).

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

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 4 (including additional number), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability: (a) there is negligence on the part of the Plaintiff, which did not wear a safety cap even, and such negligence contributed to the expansion of damages; (b) so the Defendant’s liability is limited to 90%

(10% of the plaintiff's fault ratio) 2. In addition to the items separately stated below the scope of liability for damages, each item of the annexed Table 1 of the calculation of damages amount, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, 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 should be rejected that the parties' arguments are not stated separately.

Personal information: The term "basic matters" in the attached Form 1 calculation sheet shall be as stated.

However, the Plaintiff’s name of a flag is the date of negonism and physical assessment.