beta
(영문) 서울중앙지방법원 2015.07.24 2012가단5139471

손해배상(자)

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 21,828,528 and the Plaintiff’s counterclaim from January 21, 201 to July 24, 2015.

Reasons

1. Facts of recognition;

A. A. On January 21, 2011, at around 19:10 on January 21, 201, the part of the Plaintiff’s left-hand bridge behind the above vehicle was shocked by the Defendant vehicle following the Defendant vehicle while driving the C Vehicle (hereinafter “Defendant vehicle”) and driving the vehicle in front of the road in front of the university of the ordinary university located in the Jinju-si, Jini-si from the right side of the ordinary university hospital to the speed of the vehicle traveling from the right side of the express bus terminal. The Plaintiff sustained an injury to the left-hand part of the upper-hand bridge while driving the vehicle beyond this accident.

(hereinafter “instant accident”). B.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 10 evidence, Eul evidence 2, 3, 10, 25

(2) The grounds of appeal No. 1

2. Determination on the main claim

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

B. However, according to the evidence above, the accident location is adjacent to the intersection of the road located near the house and the commercial building, and at the time, the plaintiff was responsible for the duty of care to ensure the safety of the vehicle by examining well whether there is a driving vehicle, and it is reasonable to deem that the plaintiff's negligence caused the accident of this case.

Therefore, the Defendant’s liability is limited to 85% by comprehensively taking into account the following circumstances, such as the Plaintiff’s negligence, the developments leading up to the instant accident, the degree and degree of the injury and the aftermath disability, and the progress of treatment.

C. In addition to the matters stated below the scope of liability for damages, it shall be the same as each corresponding item of the attached Table of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but shall be less than the last month.