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(영문) 서울중앙지방법원 2016.05.13 2013가단294523
손해배상(자)
Text

1. The Defendant’s KRW 234,352,470 as well as the Plaintiff’s annual 5% from April 29, 2012 to May 13, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. At around 12:35 on April 29, 2012, B: (a) the C&L car (hereinafter “Defendant vehicle”) is deemed as “Defendant vehicle.”

2) Around December 1, 2007, the Plaintiff 1 and the Plaintiff 1 and the Plaintiff 1 and 2 were the Plaintiff 1 and the Plaintiff 1 and 2 were the Defendant 1 and the Defendant 1 and the Defendant 1 were the Defendant 1 and the Defendant 1 were the Defendant 1 and the Defendant 1 were the Defendant 1 and the Defendant 1 were the Defendant 1 and the Defendant 1 were the Defendant 1 and the Defendant 1 were the Defendant 1 and the Defendant 1 was the Defendant 1 and the Defendant 1 was the Defendant 1 and the Defendant

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

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 4 (if there are each number, including a branch number; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

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

C. However, according to the above evidence, the plaintiff was found to have committed an error of unfairly crossinging the pedestrian signal of the crosswalk without permission even though the pedestrian signal of the crosswalk is red, and such error of the plaintiff was caused by the occurrence and expansion of the instant accident.

The Plaintiff’s negligence and the Defendant’s liability is limited to 45% by comprehensively taking into account all the circumstances revealed in the arguments of the instant case, such as the developments leading up to the instant accident, etc. when driving a vehicle under the influence of 0.016% of alcohol content in blood.

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.

b) the Commission;

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