beta
(영문) 서울중앙지방법원 2018.02.14 2016가단5221125

손해배상(자)

Text

1. The Defendant’s KRW 25,606,107 as well as the Plaintiff’s KRW 5% per annum from August 13, 2014 to February 14, 2018.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a D car at around 14:30 on August 13, 2014 (hereinafter “Defendant vehicle”).

) The Defendant’s vehicle was restored to the left-hand side of the road, while driving a road located in the heading bank of the Simjin-gun, the heading bank of the Simjin-gun, which was located in the heading bank, from the heading bank to the left-hand side of the road (hereinafter “instant accident”).

2) The Plaintiff, who was on board the lower court’s back seat due to the instant accident, sustained an injury to the Plaintiff, such as reargument, blood transfusion, etc.

3) The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle. [Grounds for recognition] The fact that there is no dispute, Gap evidence 3 (including paper numbers, Eul evidence 2, and the purport of the whole pleadings

B. According to the above facts, 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. The Plaintiff’s limitation of liability was erroneous on board the Defendant’s 4 number of employees to have five persons on board and did not promote the safety of himself, and this error also caused the expansion of the damages of this case. Therefore, the Plaintiff’s negligence to be 10%, and the Defendant’s liability is limited to 90%.

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 data: The same shall apply to the entry in the “basic matters” list of the amount of damages calculated: 2) Income and operating period: Urban Daily Wage of the ordinary worker, the number of working days per month, and 3 years from the date of the accident, while the plaintiff works as a cook.