beta
(영문) 서울중앙지방법원 2020.06.24 2019가단5090902

손해배상(자)

Text

1. The Defendant’s KRW 20,451,975 for the Plaintiff and KRW 5% per annum from July 22, 2018 to June 24, 2020 for the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition, around July 22, 2018, that Nonparty C had contacted the Plaintiff’s satise, hand, sate, etc. adjacent to the Defendant’s vehicle (hereinafter “Defendant’s vehicle”) on the right side of the vehicle while driving the Defendant’s vehicle (hereinafter “the instant accident”). The Plaintiff suffered from the instant accident, such as the Plaintiff’s satise, sate, satise, satise, satise, satise, satise, satise, satise, satise, satise, satise, satise, etc. on the left side of the instant accident; the fact that the Defendant is the insurer that had concluded the comprehensive automobile insurance contract with respect to the Defendant’s vehicle does not conflict between the parties; or that the Defendant is recognized

B. According to the facts of recognition of the above liability, the plaintiff was injured by the operation of the defendant's vehicle, and the defendant, who is the insurer, is liable to compensate the plaintiff for the damages caused by the accident in this case, barring any special circumstances.

C. Limit of liability, however, in light of the circumstances surrounding the accident of this case and the various circumstances revealed in the pleading of this case, it is reasonable to limit the defendant's liability to 70%.

2. Scope of liability for damages

A. The loss of lost income equivalent to the monetary total appraised value of the capacity of the Plaintiff lost due to the instant accident is the amount calculated at the present price at the time of the instant accident in accordance with the discount method that deducts intermediary interest at the rate of 5/12 per month based on the facts of recognition and evaluation as follows:

1) Gender: The age of male: The daily average wage for each period (the plaintiff shall not be less than 30 years, for the plaintiff) under the statement in the unit price column of the table wage under the financial assessment of operating capacity 64 years old and 3 months old and 9 years old at the time of the accident due to E: the 19.47 years old from the date of the accident).