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(영문) 서울중앙지방법원 2020.12.11 2019나77400
손해배상(자)
Text

1. The judgment of the first instance, including the plaintiffs' claims expanded and reduced by this court, shall be modified as follows.

Reasons

1. Occurrence of liability for damages;

A. The reasoning for this part of the judgment of the court below is "the occurrence of liability for damages" in the judgment of the court of first instance.

Since the facts of recognition are the same as the entry of the facts of recognition, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. According to the above fact of recognition of liability, the plaintiff A sustained injury due to the operation of the defendant's vehicle, barring special circumstances, the defendant is an insurer with respect to the defendant's vehicle, who is liable for the damages suffered by the plaintiffs due to the accident in this case.

C. The limitation of liability: (a) the following circumstances, which are acknowledged by comprehensively taking account of the aforementioned evidence, evidence No. 29, evidence No. 11, and evidence No. 11, and the overall purport of the pleadings, are as follows; (b) Plaintiff A was a drinking state at the time of the instant accident; (c) Plaintiff A was at the time of the instant accident; (d) since five seconds before the occurrence of the instant accident, the headlight light of the Defendant’s vehicle was against Plaintiff A; and thus, Plaintiff A was at some time sufficient time to avoid it by recognizing and avoiding the Defendant’s vehicle; (e) however, Plaintiff A was unable to fully recognize the existence of the Defendant vehicle before the shock of the Defendant vehicle; and (e) this appears to have been due to Plaintiff A’s drinking condition, it is reasonable to deem that Plaintiff A’s negligence caused the occurrence and expansion of damage caused by the instant accident, taking into account this, the Defendant’

2. In addition to the matters stated separately below the scope of liability for damages, the amount of damages calculated (attached Form 1), (attached Form 2), the calculation table of future treatment expenses and [attached Form 3] calculation table of support expenses, and the period of convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

In addition, the parties' arguments are not stated separately.

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