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(영문) 수원지방법원 2018.05.25 2016가단507204

손해배상(자)

Text

1. The Defendant’s KRW 110,547,250 for the Plaintiff and 5% per annum from October 15, 2014 to May 25, 2018.

Reasons

1. Facts of recognition;

A. Around 00:00 on October 15, 2014, C driven a D vehicle (hereinafter “Defendant vehicle”) and carried a U-turn on the one-lane of the three-lane road in the Young-dong, Young-dong, Young-gu, Young-gu, Young-gu, Suwon, which was left left from the right side of the Defendant vehicle in the direction of the U.S. driver’s vehicle to turn to the left in the direction of the U.S. driver’s walk on the right side of the Defendant vehicle.

(hereinafter “instant traffic accident”). (b)

Due to the instant traffic accident, the Plaintiff suffered injury, such as minculverization of the upper right boom.

C. The Defendant is an insurance company that has concluded an automobile insurance contract with C using the Defendant’s vehicle as an insurable vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including each number, hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, the accident of this case is attributable to the operation of the defendant vehicle. Thus, the defendant, who is the insurance company of the defendant vehicle, is liable to compensate the plaintiff for the damage caused by the accident of this case.

B. However, the limitation of liability: (a) the instant accident occurred at night; (b) the intersection where the instant accident occurred was permitted to be a full-time internship; and (c) the Plaintiff was also negligent in neglecting his/her duty to provide prior watch; and (d) the Plaintiff’s error was determined to have contributed to the occurrence of the instant accident and the expansion of damages; (b) therefore, the scope of the Defendant’s liability is limited to

3. 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.

And the parties' arguments.