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(영문) 서울중앙지방법원 2016.06.10 2014가단60215

손해배상(자)

Text

1. Of the instant lawsuits, the part of the claim regarding KRW 400,000 shall be dismissed.

2. The defendant 16,384.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are vehicles C on December 14, 2011 (hereinafter “Defendant vehicles”) and “Defendant vehicles”

ii)D(hereinafter referred to as “Plaintiff’s vehicle”) driven by the Plaintiff, who was standing at a point 352 km (352 km) in the front direction at the lower south of the Presidential Decree of the Tong-gu Daejeon and the Middle-west National Expressways.

2) On the other hand, the Plaintiff was injured by satisfinites, etc. (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 for Recognition: Unsatisfy, Gap evidence 1, Eul evidence 2 and 3 (including branch numbers if there is a paper number); hereinafter the same shall apply)

(2) The grounds of appeal No. 1

B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. Since there is no evidence that the Plaintiff’s limitation of liability falls under the case of stopping on an expressway due to a cause attributable to himself/herself, it cannot be deemed that the Plaintiff is liable for any reason attributable to him/her while stopping. There is no reason to limit the Defendant’s liability in the instant accident.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, 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 information: as stated in the “basic matters” list of the amount of damages calculated: 2) Income and operating period: The Plaintiff could have raised the daily wage as an ordinary part of the construction business wage status survey report for the 22th day of each month until he/she reaches the age of 60, the maximum working age.