logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.26 2014가단34940
손해배상(자)
Text

1. The Defendant paid KRW 62,989,269 to the Plaintiff, as well as KRW 5% per annum from January 12, 2013 to November 26, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition B, around 02:03 on January 12, 2013, driving the C Copia vehicle, driving the vehicle, driving the vehicle, driving the three-lane Eropic road from the Cstropco to the inside of the Cstropco to the inside, and shocking the vehicle without permission on the right side from the left side of the vehicle (hereinafter “instant accident”), and resulting in the Plaintiff’s injury, such as a dulle, dulle, and scoping blood, etc., of the vehicle.

The defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the foregoing motor vehicle driven by B.

[Evidence] Documents Nos. 2, 3, 8, Eul Nos. 1, 2, and 3 and the purport of the whole pleadings

B. According to the facts acknowledged as above, since B was driving a vehicle while causing the instant accident and thereby causing injury to the Plaintiff, the Defendant is liable for compensating the Plaintiff for the damages incurred by the instant accident.

In light of the fact that the plaintiff had a certificate of king for mental illness, such as depression caused by alcohol addiction before the accident of this case, the defendant alleged that the plaintiff's symptoms constitute king or king was aggravated due to the accident of this case. However, according to the court's entrustment of physical appraisal to the director of Seoul Medical Center and the result of fact inquiry, it can be recognized that the plaintiff's mental health disorder was caused by two traumas caused by the accident of this case. Thus, the defendant's above assertion is rejected.

C. The Plaintiff’s liability is limited to 55% of the Defendant’s liability, taking into account such circumstances, as the Plaintiff was negligent in crossing a seven-lane road from night to night.

(45%) 2. The scope of liability for damages is as shown in the separate sheet in the attached Table, except for the parts separately stated below.

The current calculation shall be made in accordance with the calculation method, which deducts interim interest at the rate of 5/12 per month as a simple interest, and it shall be for the convenience of the calculation.

arrow