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(영문) 인천지방법원 2013.05.15 2011가단70762

손해배상(자)

Text

1. The Defendant: KRW 23,303,956 to the Plaintiff and KRW 5% per annum from November 24, 2010 to May 15, 2013; and

Reasons

1. Occurrence of liability for damages;

A. On November 24, 2010, the Plaintiff: (a) driven the Incheon B observer car owned by the Plaintiff (hereinafter the “victim”) and was driven on the first line in the direction of interesting from the Bupyeong-gu Bupyeong-gu Bupyeong-gu, Incheon, Bupyeong-gu, Bupyeong-gu, Incheon, the Plaintiff changed the car line to a sudden string in the direction of interesting distance; (b) caused the damage to the Plaintiff, such as the left-hand side, rear door and gate, fences, panss, etc. on the left-hand side of the damaged vehicle; and (c) thereby, the Plaintiff suffered from the injury, such as light salt and tension on both sides, ice and tension, tension, scurine and surfed base, 4-5 lue-5 lue-lap signboards.

(hereinafter referred to as the "accident of this case").

According to the above facts of recognition of liability, the defendant is liable to compensate for damages suffered by the plaintiff due to C's injury caused by the operation of the instant sea vehicle.

C. Whether liability is limited or not: (a) the Plaintiff, as well as the Plaintiff, has a duty to avoid an accident by carefully examining whether there is a sea-going vehicle seeking to enter the Plaintiff’s front line; (b) but was negligent in neglecting the duty to avoid the accident; and (c) the Defendants’ liability is limited to 80% by taking into account the background of the occurrence of the accident, the status of the accident, the location of the accident,

On the other hand, the defendant asserts that the responsibility of the defendant should be limited since the plaintiff was deemed to have not worn the safety bell at the time. Thus, the above argument is not accepted since there is no evidence to acknowledge the defendant's above assertion.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 4 (including virtual number), the purport of whole pleading

2. In addition to the separate statements below the scope of liability for damages, it shall be calculated at present in accordance with the door-to-door calculation method which deducts intermediate interest at the rate of 5/12 per month and 5/12 per month as a simple interest, as shown in the separate statement of liability for damages.