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(영문) 인천지방법원 2015.05.19 2014가단206227

손해배상(자)

Text

1. The Defendant’s KRW 183,453,825 as well as the Plaintiff’s KRW 5% per annum from January 19, 2012 to May 19, 2015.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the statements in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 4 through 7, the following facts: (i) around 23:29 on Jan. 19, 2012: (ii) around 2012, Eul was sentenced to a stay of execution for 2 years on Aug. 19, 2012 on the road front of Nam-gu Incheon Metropolitan City D, and caused damage to the plaintiff crossing the road (hereinafter referred to as the "accident"); (ii) around July 5, 2012, Eul was found to have caused damage to the fright of the plaintiff, who was the victim of the instant crosswalk, on the ground that the plaintiff was not the victim of the instant accident due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which was found to have been sentenced to a 20-year suspension of execution for 20 months on the crosswalk, which was the victim of the instant accident, and the defendant was not the victim of the instant appeal No. 206.

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

2. Limitation of liability: (a) it is recognized that the Plaintiff’s negligence, which neglected the driver’s crosswalk signal by putting clothes in the color of the driver’s snow at night, was also the cause of the occurrence of the instant accident and the expansion of damages, taking this into account, limit the Defendant’s liability to 50%.

3. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded.

The current value calculation at the time of the accident shall be the one that deducts the interim interest at the rate of 5/12 per month.