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(영문) 인천지방법원 2009.09.08 2007가단125061

손해배상(기)

Text

1. The defendant's KRW 9,000,000 and its amount are 5% per annum from April 21, 2007 to September 8, 2009 to the plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 19:00 on April 21, 2007, caused an accident that caused the Plaintiff’s left side bridge walking in the same direction as a part of the upper part of the vehicle’s right to the right side (hereinafter referred to as the “accident in this case”), while driving a philosophical vehicle on the front side of the Dphilosophical hall in Bupyeong-gu Incheon Metropolitan City (hereinafter referred to as “Aplosophical vehicle”). Accordingly, the Plaintiff suffered an injury, such as the Hast, the stroke, the stoke, and the half-month of the stoke.

(2) The Defendant is an insurer who has concluded an automobile insurance contract with respect to a sea-going vehicle.

[Ground of recognition] Facts without dispute, Eul's entry in the evidence 1-1 to 6, the purport of the whole pleadings

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

C. Meanwhile, according to each of the above evidence, the plaintiff also committed an error of walking along the center, not the edge of the road, without well examining the passage of the surrounding vehicle on the road along which the vehicle attends, and such negligence of the plaintiff is deemed to have caused the occurrence of the instant accident and the expansion of damages. Therefore, it is reasonable to consider the amount of damages that the defendant should compensate for, but the degree of negligence is 20%, so the defendant's liability ratio is limited to 80%.

2. The same shall apply to the attached table of calculation of damages, except as otherwise stated below within the scope of the liability for damages.

(hereinafter referred to as the "Calculation Period" shall be calculated on a monthly basis, but the less than a month shall be included on the side on which the amount is less than the won and less than the last month shall be discarded, respectively, and the current price calculation at the time of the accident shall be governed by the Ordinance of the Prime Minister, which deducts the interim interest at the rate of 5/12 per month, and shall be excluded from the claims of the parties separately.

(1) a lost income.