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(영문) 서울중앙지방법원 2016.07.07 2014가단27409
손해배상(자)
Text

1. The Defendant’s KRW 86,215,058 with respect to the Plaintiff and KRW 5% per annum from September 25, 2012 to July 7, 2016.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) On September 25, 2012, 2012, the type of luminous truck is franchising truck B around 22:50 (hereinafter “Defendant truck”).

(D) A driving along the two-lanes of “D” in Gwanak-gu in Seoul Special Metropolitan City along the two-lanes from the 2nd intersection to the elimg distance. At that point, the Plaintiff was shocked from the road side to the right side of the Defendant Truck (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered from injury, such as her preductal alley, her external hemopa, etc.

3) The Defendant is an insurer who has entered into an automobile comprehensive insurance contract for Defendant truck. 【Unfounded ground for recognition, the fact that there is no dispute, Gap 1, 4, and 13 (including each number, and the purport of the entire pleadings)

B. According to the fact of recognition of liability, the defendant is liable to compensate the damage suffered by the plaintiff due to the instant accident as the insurer of the defendant truck.

(c) limitation of liability, provided that according to the Evidence B Nos. 1 and 2 (including each number), the Plaintiff was under the influence of alcohol at night and was in the middle of two lanes (2.62 meters away from the sidewalk).

The plaintiff's mistake was caused by the occurrence and expansion of damages caused by the accident of this case.

Therefore, the defendant's liability is limited to 70% considering the plaintiff's negligence as 30%.

2. Except as otherwise stated below within the scope of liability for damages, each corresponding item of the attached Table of Calculation of Compensation Amount.

In principle, the period for the convenience of the calculation shall be calculated on a monthly basis, but the period of 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.

The daily income: Personal information of KRW 38,516,327: The term "basic matters" in the attached Form for calculation of damages.

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