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(영문) 서울중앙지방법원 2017.12.22 2015가단5030018
손해배상(자)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 28,034,231 to the Defendant (Counterclaim Plaintiff) and against this, from July 27, 2017 to December 22, 2017.

Reasons

1. Occurrence of liability for damages;

A. In fact 1) B, around 00:05 on April 20, 2014, the vehicle C Opis vehicle (hereinafter “Defendant vehicle”) is deemed as Defendant vehicle.

(B) On the left side of the Defendant’s vehicle, the Plaintiff, who dried the crosswalk on the pedestrian red signal, driven along the two-lanes between the two-lanes in the front side of the road located in Busan Metropolitan City Shipping Daegu (hereinafter “instant accident”) and the Defendant’s vehicle (hereinafter “instant accident”).

(2) Due to the instant accident, the Plaintiff suffered injury, such as the blood transfusions from the external wound, the pelke, the left-hand pelke, the upper-hand pelke, the left-hand pelke, etc.

3) The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle. [Grounds for recognition] The fact that there is no dispute, Eul evidence 2 (including paper numbers, the purport of the entire pleadings)

B. According to the above facts, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability is limited, however, the Plaintiff’s fault to cross the crosswalks of the seven-lane road from the road to the pedestrian red signals at night in which the view of the city is limited, and such mistake was a considerable cause for the occurrence of the instant accident and the expansion of damage, so the Plaintiff’s fault ratio shall be 5%, and the Defendant’s responsibility shall be limited to 45%.

2. Determination of claims against the principal action - Except as otherwise stated below within the scope of the liability for damages, the relevant item in the separate sheet of calculation of damages shall be the same as the corresponding item in the separate sheet of calculation of damages, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than

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.

It is rejected that the parties' arguments have not been separately explained.

Personal information on lost income 1: It shall be as stated in the column for the "basic matters" in the attached Form for calculation of damages.

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