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(영문) 서울동부지방법원 2013.04.18 2012가단54554

손해배상(자)

Text

1. The Defendant’s KRW 115,060,244 as well as 5% per annum from June 5, 2010 to April 18, 2013 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 06:19 on June 5, 2010, driving C C C C amb, and driving the front road of Dongjak-gu Seoul Metropolitan Government D along the two-lanes of the Han River basin from the Han River basin, which caused the Plaintiff’s E Radon vehicle (hereinafter “instant vehicle”) in front of the right side of the said U.S. vehicle (hereinafter “instant accident”) by negligence in violation of the signal on the roads adjacent to the front left side of Madon, which is facing the signal, while driving along the two-lanes of the Han River basin.

(2) The instant accident suffered injury by the Plaintiff, and the instant vehicle owned by the Plaintiff was destroyed to the extent that the repair cost exceeds the automobile value.

(3) The Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the aforesaid protruding vehicles.

B. According to the above facts of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. As to the Defendant’s assertion on limitation of liability, the Defendant asserts that the Defendant’s negligence should be limited to the Defendant’s liability on the ground that the Plaintiff was negligent in failing to wear the surrounding vehicle operation level well, but in light of the circumstances of the accident, the instant accident appears to have occurred due to the unilateral negligence in B, and there is no evidence to acknowledge that the Plaintiff did not wear the safety level mark. Accordingly, the Defendant’s assertion is rejected.

[Reasons for Recognition] Each entry, film, or video of evidence Nos. 1 through 5, 8, 9, 15, and 1, 5, 6, 10 (including each number), or the purport of the whole pleadings, where there is no dispute or no clear argument

2. Except as otherwise expressly stated below the scope of damages, all the entries in the attached Table of Calculation of Damages;

Provided, That less than a month for the convenience of calculation shall be included in the side on which the appraised value is low, and the amount below the won shall be discarded, and the current price calculation shall be 5/12 percent per month in the event of an accident.