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(영문) 서울중앙지방법원 2014.07.04 2012가단149138
손해배상(자)
Text

1. The Defendant’s KRW 76,063,945 as well as the Plaintiff’s annual rate from September 1, 2010 to July 4, 2014, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 15:30 on September 1, 2010, D driving an E bus (hereinafter “Defendant’s vehicle”) in the front of the 401-dong, Seogdong-dong, Seogdong-gu, Seoyang-gu, Youngdong-gu, Seoyang-si, Seosan-si, and met the Defendant’s bicycle crossinging the crosswalk to the left-hand side from the right-hand side of the running direction while driving a two-lane in the front of the 2-lane from the scopic-dong room in the scopic-dong. Accordingly, the Plaintiff, who was aboard the bicycle, was suffering from the injury, such as blood transfusion, etc.

(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 2 and 7 evidence (including branch numbers if there are branch numbers); 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 damages sustained by the plaintiff due to the accident of this case.

C. The limitation of liability, however, according to the evidence above, the plaintiff could recognize the fact that the plaintiff boarded the crosswalk while getting on the bicycle and walked the crosswalk, without wearing safety caps. Such mistake by the plaintiff is also the cause of the occurrence of the accident of this case and the expansion of damage.

Therefore, the defendant's liability is limited to 85% by comprehensively taking into account all the circumstances shown in the arguments of this case, such as the plaintiff's negligence, the circumstances surrounding the accident of this case, the degree and degree of the injury and the aftermath disability, and the treatment process.

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 Parties;

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