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(영문) 서울중앙지방법원 2015.09.03 2013가단5170493
손해배상(자)
Text

1. The Defendant: (a) KRW 142,728,414 for the Plaintiff and KRW 5% per annum from December 31, 2012 to September 3, 2015; and (b) for the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. In fact, around 01:17 on December 31, 2012, B, driving a rocketing car, passing through a three-distance intersection from the port of port to the Masan-distance distance in accordance with the two-lane road of the two-lane road adjacent to the Masan Industries and Industry High School in the north-gu, Seoul Metropolitan City at the port of port. On the other hand, the vehicle driving signal did not discover the plaintiff who was crossing the intersection to the right angle from the left side, leading the plaintiff to the front part of the vehicle driving signal (hereinafter “the instant accident”), and as a result, the plaintiff suffered injury, such as external brain injury, etc.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to vehicles driven by B.

[Evidence] The entry of Gap evidence Nos. 1 through 4 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.

C. At the time of the instant accident, the Plaintiff committed an error of crossing the road traffic signal at night, and thus, the Defendant’s liability is limited to 55% in consideration of such circumstances.

(45%) 2. The scope of liability for damages is as shown in the attached Table of Calculation of Compensation for Damages, except as otherwise stated below.

(A) At the rate of 5/12 per month, the current price shall be calculated in accordance with the Hofmanial Calculation Act, which deducts intermediary interest at the rate of 5/12 per month, and the monthly and less than KRW 7 for the convenience of calculation shall be discarded) / [based] without any dispute, entry of Gap evidence Nos. 5 and 7, the result of the physical appraisal commission to the head of the Egrative Hospital at the Egrian University, the purport

A. Personal information 1) Personal information: The same is as indicated in the “basic matter” list for calculation of the attached amount of damages (the Plaintiff’s title of lease is presumed to be 5-65% of the normal term rental based on the date of occurrence of the instant accident.

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