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(영문) 서울중앙지방법원 2017.01.25 2015가단5349712

손해배상(자)

Text

1. The Defendant: (a) KRW 484,112,252 to the Plaintiff; and (b) 5% per annum from October 16, 2013 to January 25, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

(a) Recognition 1) B B is the Defendant vehicle’s vehicle (hereinafter “Defendant vehicle”) around 19:50 on October 16, 2013.

) A Plaintiff’s driver was under the influence of alcohol content 0.124%, driving at the 0.124% alcohol level, and she was in violation of the signal while driving at a speed of about 100 km at the speed of Si speed from the west west to the e-mail of Si speed of 100 km from the west e-mail e-mail at the e-mail of the e-mail e-mail e-mail (hereinafter “the instant accident”). The accident is the instant accident.

2) The Plaintiff suffered injury to the ground of death, etc. due to the instant accident. The Plaintiff sustained injury to the ground of death, etc.

3) The Defendant is an insurer who entered into a comprehensive insurance contract with respect to the Defendant’s vehicle. According to the above facts, the Defendant is liable for compensating the Plaintiff for damages caused by the instant accident as the insurer of the Defendant’s vehicle. C) The Defendant’s limitation of liability is asserting that the Defendant is limited to the Defendant’s liability because the Defendant did not fasten the safety belt on the ground of the entry of the Emergency Medical Service Records (Evidence B) (Evidence B). However, the Plaintiff did not fasten the safety belt, but there was no upper part of the face face in the event that the Plaintiff did not fasten the safety belt, and there was no injury such as light damage if the Plaintiff fastened the safety belt, and even the traffic accident confirmation source also states that it is unclear whether the Plaintiff wear the safety belt, the evidence submitted by the Defendant alone is insufficient to recognize that the Plaintiff did not fasten the safety belt. [The grounds for recognition] The Defendant’s assertion is not acceptable. The fact that there is no dispute, including the number A through 4, 7, and 8

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 amount of damages.