(영문) 서울중앙지방법원 2017.08.10 2015가단132469

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(영문) 서울중앙지방법원 2017.08.10 2015가단132469

손해배상(자)

Text

1. The Defendant’s KRW 3,500,000 as well as the annual rate of KRW 5% from May 30, 2014 to August 10, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, on May 30, 2014, driven C Freight (hereinafter referred to as “Defendant Vehicle”) around 19:19, followed by the Plaintiff, who was at the edge of the road, while driving the D Freight Vehicle at the front of the Ham-gun, the front of the distance terminal at the distance of school, which is located on the right left side of the D Freight Vehicle in the opposite lane, and driving the vehicle at the right side of the Defendant’s vehicle at the speed of the distance of school, and driving the D Freight Vehicle at the right side of the road. This led to the Plaintiff who was at the right side of the road.

(2) The Plaintiff suffered from an injury to an external wound, etc. due to the instant accident.

(3) The defendant is an insurer who has concluded a comprehensive insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap's evidence, Gap's evidence 4-1, Gap's evidence 8-1 to 9, the purport of the whole pleadings

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

C. Whether to limit liability or not, the defendant asserts that the plaintiff should limit the defendant's liability because it is located on a road that is not divided into a sidewalk and a roadway, not a sidewalk. However, since the plaintiff was at the edge of a road and the vehicle of the opposite lane could not be predicted to proceed in his direction after the collision, the defendant's argument that is based on a different premise is rejected.

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the 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 amount of damages at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 per month.

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