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(영문) 서울중앙지방법원 2017.11.01 2015가단5301376
손해배상(자)
Text

1. The Defendant: (a) KRW 201,474,522 to the Plaintiff; and (b) 5% per annum from May 23, 2013 to November 1, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

(a) Recognition 1) C is the Defendant vehicle’s vehicle at around 18:26 May 23, 2013 (hereinafter “Defendant vehicle”).

(i)in driving, the E bus (hereinafter referred to as “victimd vehicle”) driven along the line that was driven on the lane of the E bus running along the opposite Madern-gun, Gohapcheon-gun, United Metropolitan City at the entrance of the Anncheon-do Village at the entrance of the Anncheon-gun, Incheon-gun, Incheon-do, into the central line;

(ii)In order to avoid shock with the Defendant vehicles, the instant accident is referred to as “the instant accident” in which the Hand was fasted to the right side of the damaged vehicle, and the road was shocked by the upper part of the damaged vehicle’s right part.

2) The Plaintiff, a passenger of the victimized vehicle due to the instant accident, suffered bodily injury, such as damage to the color of external wound.

3) The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle. According to the fact of recognition of liability, the Defendant is liable for the damages incurred by the Plaintiff due to the instant accident as the insurer of the Defendant vehicle. (c) In light of the fact that the Plaintiff suffered serious injuries compared to other passengers on board the damaged vehicle, etc., the Defendant appears to have been negligent in failing to sufficiently look at his own safety, and such negligence of the Plaintiff is deemed to have caused the instant accident. Therefore, the Plaintiff’s negligence is deemed to have been 10%, and the Defendant’s liability is limited to 90%, deeming the Plaintiff’s negligence as 10%, and there is no dispute [based on recognition], the Defendant’s liability is limited to the Defendant

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, the parties' arguments are not stated separately.

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