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(영문) 서울중앙지방법원 2016.09.09 2013가단5188593

손해배상(자)

Text

1. The Defendant’s KRW 27,682,362 as well as 5% per annum from April 18, 2012 to September 9, 2016 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) B: (a) around 23:40 on April 18, 2012, 2012, B is the Defendant’s vehicle (hereinafter “Defendant vehicle”).

(B) On the other hand, the Plaintiff, who was walking the road from the front side of the Defendant’s vehicle to the front side of the Defendant’s vehicle, was able to look at the front side of the instant vehicle without properly looking at the front side while driving the front line of the instant two lanes located in D, the front side of the instant vehicle (hereinafter “instant accident”).

(2) The Plaintiff suffered injuries, such as cage cage, cages, salivists, and salkes, etc. due to the instant accident. (2) The Defendant is an insurer that entered into a comprehensive automobile insurance contract regarding the Defendant’s vehicle.

B. According to the above facts, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. Limitation of liability, however, there was negligence that the Plaintiff, as the Plaintiff, was walking along the two-lanes of main roads with frequent passage of vehicles at night, and such negligence was a considerable cause for the occurrence and expansion of damage caused by the instant accident.

The place where the accident in this case occurred was delivered, in particular, three lanes existed, and the Plaintiff's fault ratio shall be 50% and the Defendant's responsibility shall be limited to 50% in consideration of the fact that the facilities such as central separation zone are installed on the road.

[Ground of recognition] Facts without dispute, Gap 1, 2, 7, 8, 13-16 evidence, Eul 7 evidence (including paper numbers), the purport of the whole pleadings

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 calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 per month to the interim interest rate.