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(영문) 서울남부지방법원 2013.09.11 2011가단77911
손해배상(자)
Text

1. The Defendant’s KRW 601,450,550 as well as its annual 5% from November 28, 2010 to September 11, 2013 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 00:20 on November 28, 2010, Category B passenger cars at around 00:20 (hereinafter “accident vehicle”).

) While driving the vehicle and driving the two-lane E in front of the Simsan City D along the speed of 60 km per hour depending on the surface of the Emphasi apartment site located in the Cm of the Cm of the Military Medical Center, the plaintiff who was crossinging the crosswalk near the crosswalk in which the signal, etc. was not installed on the left side from the running direction to the left side of the direction, and suffered injury such as acute cerebrovascis, etc. (hereinafter “the instant accident”).

2) The Defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the accident vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Gap evidence 8-1 to 28, the purport of the whole pleadings and arguments

B. According to the above facts of recognition of liability, the defendant is liable for the damages suffered by the plaintiff as the insurer of the vehicle involved in the accident in this case.

C. The limitation of liability, however, there is an error of crossinging the crosswalks around which the signal, etc. is not installed at night, without sufficiently examining the right and the right of the crosswalks, and such error is deemed to have caused the occurrence or expansion of damage caused by the accident of this case, so the defendant's liability shall be limited to 85% in consideration of this.

2. The portion not separately described below the scope of liability for damages shall be as shown in the attached Form of Calculation of Compensation for Damages.

(Calculation convenience less than won and less than the month of the last month shall be discarded, and the present price of the damages shall be calculated at the time of an accident at the time of an accident shall be calculated at the rate of 5/12 per month, and the simple interest rate shall be calculated at the rate of 5/12 per month. It shall be rejected that the parties’ arguments are not separately explained.

Personal information 1) Personal information: as stated in the “basic matter” list of the amount of damages calculated in the annexed sheet. The Plaintiff’s life expectancy is presumed to have been reduced to 45% of the normal person, so the life expectancy shall be deemed to have been reduced to 10 October 2025 (this is the end of life expectancy).

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