beta
(영문) 서울중앙지방법원 2018.11.28 2018가단4534

손해배상(자)청구의 소

Text

1. The Defendant: 428,98,965 won to Plaintiff A; 1,00,000 won to Plaintiff B, C, D, and E; and each of them on December 30, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) G is a H vehicle around 10:20 on December 30, 2015 (hereinafter “Defendant vehicle”). G is a vehicle.

) A driving his own car and shocked the Plaintiff A, who opened a crosswalk from the right side of the direction of the proceeding to the left side of the JJ Association, in the direction of the Cheongju-si, which is in front of the Defendant’s vehicle (hereinafter referred to as the “instant accident”).

2) In the instant accident, Plaintiff A suffered bodily injury, such as brain salute, salute, and salute, etc.

3) Plaintiffs B, C, D, and E are the children of Plaintiff A, and the Defendant is the insurer that entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle. [Grounds for recognition] The fact that there is no dispute, and the purport of the entire pleadings, including the branch numbers, is the purport of Gap’s evidence Nos. 1 through 5, 8, 11, and 12

B. According to the fact of recognition of liability, the defendant, the insurer of the defendant's vehicle, is liable to compensate the plaintiffs for damages caused by the accident of this case.

C. Limit of liability, however, pedestrians crossing a crosswalk without signal lights have a safe duty of care by properly examining surrounding conditions, such as the progress of the vehicle, and the Plaintiff A neglected such duty of care. Therefore, in light of such circumstances, the Defendant’s liability is limited to 90%.

2. Except as otherwise stated below within the scope of liability for damages, the corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

It is rejected that the parties' arguments have not been separately explained.

Personal Information: The written statement in the column of "basic matters" in the attached Form for calculation of damages.

[Plaintiff A’s name of lease was reduced to 3.5 years from the date of appraisal ( July 19, 2018), and thus, the Plaintiff’s name of lease was reduced to 3.5 years from the date of appraisal (the date of completion of the Plaintiff’s name). B.