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(영문) 서울중앙지방법원 2015.02.10 2013가단290965

손해배상

Text

1. The Defendant’s KRW 29,878,373 as well as the Plaintiff’s annual rate from March 6, 2013 to February 10, 2015.

Reasons

1. Occurrence of liability for damages;

A. At around 21:30 on March 6, 2013, B: (a) Cro-car (hereinafter “Defendant-car”)

2) On the other hand, the Plaintiff, who was walking along the road, was injured by the Plaintiff (hereinafter “instant accident”) by shocking the Plaintiff who was walking along the road at the front of the E restaurant located in Jin-gun, Chungcheongnam-gun, Chungcheongnam-gun, by driving, was driving the road at the Han Jin-gun, at the Han Jin-ri level level from the Fn library, and was able to turn back to the left (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 Nos. 1 through 3, and 8 (including paper numbers), 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) the Plaintiff was negligent in walking on the road while drinking alcohol at night at the time of the instant accident and walking on the road; and (b) the Plaintiff’s negligence appears to have contributed to the occurrence of the instant accident and the expansion of damages; (c) thus, the Defendant’s liability is limited to 90% in consideration of such negligence.

(10% of the plaintiff's fault ratio) 2. The same item shall be the same as the corresponding item of the attached Table of the calculation of damages, and 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, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal data: as stated in the “basic matters” list of the amount of damages calculated in the annexed sheet: 2) Income and operating period: Urban Daily Wage of an ordinary worker, the number of operating days shall be 3.0 until he/she reaches the age of 22 and 60.