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(영문) 서울중앙지방법원 2016.08.08 2013가단5171816
손해배상(자)
Text

1. The defendant,

A. The Plaintiff’s KRW 849,816,286 and the Plaintiff’s annual rate of KRW 5% from December 7, 2007 to August 8, 2016.

Reasons

1. Judgment on the plaintiff's claim

A. On December 7, 2007, B, while under the influence of alcohol on December 19:35, 2007, while driving a C vehicle (hereinafter “Defendant vehicle”) and driving along a two-lane way in front of the front side of the front side of the front side of the front side of the said vehicle at the time of influence along a one-lane from the front side of the front side at the time of influence, she invaded the center line, and proceeds from the upper side of the front side of the front side where it is located at that time, she shocked D’s E vehicle (hereinafter “Plaintiff vehicle”).

(B) At the time of the instant accident, the Plaintiff was on board the back seat of the Plaintiff’s vehicle, and the Plaintiff suffered from injury, such as cerebral cerebral cerebral cerebral typhism, etc. due to the accident. C) The Defendant is an insurer who entered into a comprehensive automobile insurance policy with respect to the Defendant’s vehicle.

【In light of the fact that there has been no dispute, Gap's evidence Nos. 2, 5, 7 (including each number), and the purport of the entire pleadings, the defendant is liable to compensate the damages incurred by the plaintiff due to the instant accident as the insurer of the defendant vehicle. 3) However, in full view of the purport of the entire evidence admitted earlier, the plaintiff did not fasten the safety belt.

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 90% considering the plaintiff's negligence as 10%.

B. Except as otherwise stated below within the scope of the liability for damages, the corresponding items of the attached Table of the calculation of damages.

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.

1) Daily revenues: 1,246,265,208 won (A).

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