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(영문) 서울남부지방법원 2019.09.04 2017가단250008

손해배상(자)

Text

1. The Defendant’s KRW 866,984,653 as well as the Plaintiff’s annual rate of KRW 5% from October 18, 2015 to September 4, 2019.

Reasons

1. Occurrence of liability for damages;

A. On October 18, 2015, C: (a) around 21:00 on October 21, 2015, C is the E-wheeled vehicle (hereinafter “Defendant vehicle”) with one lane on the road in front of the Domo-si Domotour.

A) A person driving a crosswalk and led to F in the direction of F in the street room of a tax office. Since the place has a crosswalk without signal apparatus, a person engaged in driving service, even though he/she had a duty of care to reduce speed and to drive by well-rounding his/her right and right, he/she breached his/her duty of care to drive the crosswalk, thereby causing serious injury, such as an external shock, by sufficienting the plaintiff who was flashing the crosswalk (hereinafter referred to as “instant accident”).

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

[Ground of recognition] Facts without dispute, Gap 1, 2, 6 to 13, Eul 1's each entry (including number number; hereinafter the same shall apply), 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. According to each of the above evidence, the plaintiff could have neglected to ensure the safety of the plaintiff's crosswalks without signal apparatus at night, even if he tried to remove the crosswalks without signal apparatus at night. The plaintiff's negligence is deemed to have caused the occurrence and expansion of the accident in this case. Thus, the defendant's responsibility is limited to 85% in consideration of this.

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 not stated separately.