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(영문) 서울중앙지방법원 2017.08.23 2016가단5071153
손해배상(자)
Text

1. The Defendant’s KRW 293,865,888 as well as the Plaintiff’s annual rate from April 11, 2015 to August 23, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 03:45 on April 11, 2015, driven a Ccar (hereinafter referred to as “Defendant vehicle”) and proceeded three-lanes of the three-lanes in the roads near the Gangnam-gu Seoul Gangnam-gu, Gangnam-gu, Seoul, into a shift air basin from the Gangnam-gu, with the Plaintiff unauthorizedly crossing the vehicle from the south-gu, the opposite side of the moving direction, to the shift air basin.

(2) The Plaintiff suffered an injury, such as an unknown number, in detail, 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.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, 11 evidence, Eul 3 through 11 (including partial numbers), the purport of the whole pleadings

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. At the time of the instant accident, the Plaintiff was at fault, at night, at the time of the instant accident, at which the passage of the three-lanes is frequent, and such mistake contributed to the occurrence and expansion of the instant accident, and thus, the Plaintiff’s negligence is deemed 50%, and the Defendant’s responsibility is limited to 50%.

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the liability 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.

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

(1) The term "basic matters" in the attached Form for calculation of personal information damages shall be as stated.

The Plaintiff’s name of the term of lease is 10% of the normal person depending on the result of the appraisal, and the date of expiration of the name shall be deemed to be May 12, 2021.

(2) Income and operating time limit.

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