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(영문) 서울중앙지방법원 2015.09.23 2012가단5129757
손해배상(자)
Text

1. The Defendant’s KRW 117,113,929 as well as the Plaintiff’s annual 5% from November 27, 2010 to September 23, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are vehicles C (hereinafter “Defendant vehicles”) under the influence of alcohol at around 04:40 on November 27, 2010, with a blood alcohol concentration of at least 0.129%.

) A driver driven the vehicle, while driving the vehicle into the intersection of the zone near the intersection of the zone in Seocho-gu Seoul Metropolitan Government, three lanes from the intersection of the zone to the intersection of the zone, the part of the Plaintiff’s D Driving, who was in the front of the signal at the intersection of the zone, was able to receive the rear part of the vehicle of the E Driving, which was in the front of the zone, while driving the vehicle in the front of the zone, due to its shock, and caused the Plaintiff to suffer an injury, such as climatic salt, 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.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2 and 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above facts, the defendant is liable for damages suffered by the plaintiff due to the accident of this case.

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 price at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.

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

(1) Personal information, life expectancy, and life expectancy end: 2) Income and operating period in the annexed Form 1 Schedule of Compensation for Damages: The same shall apply to the entry in the column of “basic matters” in the annexed Form 1 List of Compensation for Damages: Urban Daily Wage, 3) aftermath disability and labor capacity loss rate 1) aftermath disability 1: The 21.5% loss of labor ability due to the restriction on movement of the East and the Habathatha, and the Mabrotha damage in spine of permanent disability 5-D-2.

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