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(영문) 서울중앙지방법원 2020.11.25 2018가단5200276
손해배상(자)
Text

1. The Defendant’s KRW 37,296,249 for the Plaintiff and KRW 5% per annum from May 12, 2018 to November 25, 2020 for the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The Nonparty, at around 15:22 on May 12, 2018, driven a vehicle C (hereinafter “Defendant vehicle”) on the two-lane road in front of the New-dong, Jung-gu, Incheon Special Metropolitan City Fire Station, and moved the vehicle into one-lane, he saw the part behind the Plaintiff’s driving D car (hereinafter “Plaintiff”) running in the first-lane into the Defendant vehicle. The Nonparty, due to the shock, was injured by the Plaintiff’s vehicle, such as towing of the vehicle in the left turn at the left turn (hereinafter “instant accident”). The fact that the Defendant was the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle, is not disputed between the parties, or is recognized by considering the overall purport of the pleadings as a whole, as indicated in the evidence No. 2 and No. 1.

B. According to the facts of recognition of the above liability, the plaintiff was injured by the operation of the defendant's vehicle, and the defendant, who is the insurer, is liable to compensate the plaintiff for the damages caused by the accident in this case, barring any special circumstances.

2. The Plaintiff’s damages within the scope of liability for damages are as follows:

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of 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.

In addition, it is rejected that the parties' arguments are not stated separately.

1) Facts of recognition and assessment of damage 1) Gender: The age of male: The maximum working age of 5,730,009, an average of 65 years of age on February 27, 2045, on the ground that the Plaintiff had each global income of KRW 61,025,170 on February 27, 2017 and KRW 76,495,058 on February 2018, and thus, the maximum working age of 5,730,009, an average of which is 65 years of age, is recognized as monthly income: the maximum working age of 38 years and 13 months of age at the time of the accident.

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