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(영문) 서울중앙지방법원 2015.11.25 2013가단5028080

손해배상(자)

Text

1. The Defendant’s KRW 36,221,918 as well as the Plaintiff’s annual rate of 5% from February 27, 2011 to November 25, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) B: (a) on February 27, 2011, 201, B is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”).

) While driving a vehicle, while driving a vehicle at the speed of about 40 to 50 kilometers per hour, one of the two lanes of the two lanes in front of the DD building in the front of the front city in the front city of the front city, the vehicle was unable to discover the Plaintiff who was crossinging the road to the right side from the left side of the Defendant vehicle in the front city of the front city, due to his negligence in performing the duty of safety driving, and caused the Plaintiff to suffer from the injury, such as the impairment of the stimulity of the two parts of the vehicle, the damage of the stimulated, and the exposure to the blood, etc., of the Defendant vehicle (hereinafter “instant accident”).

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

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, and the purport of the whole pleadings

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. However, according to each of the above evidence, the Plaintiff’s negligence of crossing a four-lane road for the purpose of prohibiting the unauthorized crossing in drinking condition at night, and the Plaintiff’s negligence is recognized as an important cause for the occurrence of the instant accident and the expansion of damages, and thus, the Defendant’s responsibility is limited to 50%.

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 price at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.