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(영문) 서울중앙지방법원 2018.10.26 2016가단5066373
손해배상(자)
Text

1. The Defendant: (a) KRW 249,08,454 for the Plaintiff and KRW 5% per annum from January 10, 2015 to October 26, 2018; and (b).

Reasons

1. Occurrence of liability for damages;

A. 1) On January 10, 2015, C is the vehicle at the intersection of Sejong Special Self-Governing City (hereinafter “Defendant vehicle”) around 13:19 on January 10, 2015.

2) The Plaintiff, while driving his vehicle, neglected the duty of the front-out to turn to the left without neglecting the duty of the front-out on the yellow domination line, was shocked by the Plaintiff who was operating the front-out on the opposite side of the mastal, thereby causing injury to the Plaintiff, such as the rashing of the rash (hereinafter “instant accident”).

(2) The Defendant is an insurer who concluded an insurance contract with respect to the Defendant’s vehicle.

B. According to the above facts, the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident as the insurer of the Defendant’s vehicle.

C. The Plaintiff also neglected the duty of care to drive the Otoba while emphasizing whether to operate another vehicle on the yellow domination signal at the intersection.

The Plaintiff’s negligence has contributed significantly to the occurrence of the instant accident and the expansion of damages, and thus, it shall be taken into account. However, in light of various circumstances shown in the pleading, the Plaintiff’s negligence shall be deemed 30%, and the Defendant’s responsibility shall be limited to

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, the purport of the whole pleadings

2. The scope of liability 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.

[Reasons for Recognition] Unsatisfy, Gap evidence 3 through 17, and as a result of an order to submit tax information about public official duties, results of the request for physical examination of the D Hospital Head, E Hospital Head, and E Hospital Head, significant facts, experience, and pleadings.

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