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(영문) 서울중앙지방법원 2016.02.16 2014가단3786
손해배상(자)
Text

1. The Defendant: (a) KRW 15 million for Plaintiff A and its related thereto, 5% per annum from March 8, 2010 to February 16, 2016; and (b) thereafter.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) The defendant's vehicle E and Fcar (SM5, hereinafter "Defendant vehicle")

2) On March 8, 2010, E driving the Defendant’s vehicle (Ma1) around 22:10 on March 8, 2010, while proceeding at a speed of 31 to 30 km/h/h of 60 km in front of G apartment in Gangseo-gu Seoul Metropolitan Government, from the maart to the G apartment, at a speed of 31 to 30 km in one way between three lanes, and H and the Plaintiff, who illegally crossed the road to the port from the right side of the proceeding, were employed as the front part of the damaged vehicle.

(hereinafter referred to as “instant accident”). AH3) The instant accident caused the Plaintiff’s wife, Plaintiff C, and D’s children, who were the Plaintiff’s spouse, Plaintiff C, and Plaintiff D’s children.

[Reasons for Recognition: Facts without dispute, Gap's evidence Nos. 1, 2, 3, 7, purport of the whole pleadings]

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiff A due to the accident of this case as an insurer.

C. Although the limitation of liability was erroneous in E, which neglected the duty at the time of the front week, the Defendant’s liability is limited to 70% on the ground that the accident occurred in the preceding accident, and the Plaintiff A was also at night at night, and that such error was caused by the accident in this case and the expansion of damages.

(30%) 2. The period for calculating the scope of liability for damages in principle shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded.

The calculation of the current value at the time of the accident shall be based on the discount method that deducts the interim interest calculated at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

(1) Personal information of Plaintiff A: I student, male 2) income and operating period: Urban daily wage of an ordinary person, 22th day of each month, 3rd day of the age of 60, and 5th day of the age of 60).

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