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(영문) 서울중앙지방법원 2018.06.19 2017나62770

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff A shall be modified as follows:

The defendant shall grant the plaintiff A 162,514.

Reasons

1. The reasoning for the court’s explanation as to this part of the liability for damages is that the corresponding part of the judgment of the court of first instance is identical to that of the judgment, except that of the following cases. Therefore, this Court’s explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. According to the facts of recognition and limitation of liability, the instant accident is attributable to the operation of the Defendant’s vehicle, so the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiffs for the damages caused by the instant accident. However, in crossing the Plaintiff’s crosswalk where traffic signal, etc. was not installed at the time, it may be deemed that there was an incidental caution between the Defendant’s vehicle and the width of the instant accident (see, e.g., Supreme Court Decision 97Da43086, Dec. 9, 197) without neglecting the safety of the side on which the Defendant’s vehicle was coming (see, e.g., Supreme Court Decision 97Da43086, Dec. 9, 197). The Plaintiff’s error in the instant accident caused the occurrence and expansion of the instant accident. In particular, the Defendant’s vehicle speed at the time of the instant accident (the Defendant asserted that the speed of the Defendant’s vehicle exceeded 20 km at the time of the accident, however, considering the description No. 5 and 8.

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.

It shall be rejected that the parties' arguments are not separately explained.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, 4, 13, 17, 35, 37, and Eul evidence No. 10 (including additional numbers), and the court of first instance.