(영문) 서울중앙지방법원 2018.10.17 2017가단5120465

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(영문) 서울중앙지방법원 2018.10.17 2017가단5120465

손해배상(자)

Text

1. The Defendant’s KRW 480,413,365 as well as the Plaintiff’s annual rate from December 8, 2016 to October 17, 2018.

Reasons

1. Occurrence of liability for damages;

A. At around 08:00 on December 8, 2016, B: (a) the vehicle C (hereinafter referred to as “Defendant vehicle”) is deemed to be a vehicle.

(B) The Plaintiff’s driving of the Plaintiff’s driving of the instant vehicle, which was driven in a manner that goes beyond the central separation zone, while driving the instant automobile while driving the instant automobile (hereinafter referred to as “instant accident”).

(2) The Plaintiff suffered injury, such as the blood mouth, pelpel, and pelvis, etc., due to the instant accident.

3) The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle (the fact that there is no dispute over grounds for recognition, Gap evidence Nos. 1 through 4, and the purport of the whole

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

C. The Defendant asserts that the Defendant should limit the Defendant’s liability by taking into account the error that the Plaintiff did not wear the safety labelling, but there is no evidence to acknowledge that the Plaintiff did not wear the safety labelling at the time of the instant accident. Therefore, the Defendant’s assertion is without merit.

2. Except as otherwise stated below within the scope of the liability for damages, each of the corresponding items of the Schedule of Calculation of Compensation for Damages, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

It is rejected that the parties' arguments have not been separately explained.

(1) Personal information 1): The plaintiff shall be the head of the Seoul milk cooperative E team at the time of the accident in this case. The plaintiff shall be the head of the team at the time of the accident in this case. The plaintiff shall be the head of the Seoul milk cooperative E team.

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