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(영문) 서울중앙지방법원 2014.10.31 2012가단5023064
손해배상(자)
Text

1. The Defendant’s KRW 15,99,777 as well as the Plaintiff’s KRW 5% per annum from November 27, 2010 to October 31, 2014.

Reasons

1. Occurrence of liability for damages;

A. At around 16:00 on November 27, 2010 (hereinafter “Defendant vehicle”) B

(B)D Driving E (hereinafter referred to as “Plaintiff-Motor Vehicle”) running ahead of the same lane due to negligence while neglecting the duty of Jeonju City, while driving his/her vehicle and driving his/her vehicle on the south Sea Highway in the area of the west-dong, west-dong, west-dong, Busan.

2) The lower part of the Defendant vehicle was shocked to the front part of the Defendant vehicle and caused the Plaintiff to suffer from injury, such as climatic depression, etc. (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. The defendant's assertion as to the limitation of liability is that since the plaintiff did not wear the safety belt at the time of the accident of this case, it should be used as a ground for offsetting negligence. However, the submitted evidence alone is insufficient to recognize it, and there is no other evidence to recognize it, the defendant's argument is not acceptable.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but 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.

Personal data 1) Personal data: as stated in the “basic matters” column of the attached Form for calculation of damages, 2) the latter disability.

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