logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.27 2018가단5267088
손해배상(자)
Text

The defendant's KRW 39,126,570 to the plaintiff and its 5% per annum from June 15, 2016 to November 27, 2020.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is the D-Eth Freight (hereinafter “Defendant Vehicle”) around 15:10 on June 15, 2016, around 15:10.

(ii) while driving a vehicle and driving a three-lanes of five-lanes of the five-lanes in front of the 2398 Hanwon Village Distance as the instrument used by the Gi-gu, Gi-si, Gi-si, Gi-si, and driving a five-lanes of the five-lanes of the 2398 Hanwon Village Distance at the right angle, E options car (hereinafter

2) The instant accident was shocked (hereinafter referred to as “instant accident”).

2) The Plaintiff, who was accompanied by the instant accident, was on the top of the steering force of the Plaintiff’s vehicle, sustained an injury, such as a salted salkin.

3) The defendant is an insurer which has entered into an automobile comprehensive insurance contract with the defendant vehicle (the fact that there is no dispute over grounds for recognition, entry of Gap evidence 1 through 6, the result of a physical appraisal commission to the head of the F Hospital in this Court, the purport of the whole pleadings.

B. According to the above facts, the Plaintiff was injured by the operation of the Defendant’s vehicle, and thus, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff for the damages caused by the instant accident.

C. The Defendant asserts that the Plaintiff was negligent at the time of the instant accident, but there is no evidence to acknowledge the limitation of liability, and the above assertion is rejected.

2. The Plaintiff’s damages within the scope of liability for damages are as follows:

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of 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.

[Ground of recognition] A without dispute, Gap evidence Nos. 2, 6, 9, 13 through 18, Eul evidence Nos. 6 (including each number), the result of the commission of physical appraisal to the F Hospital Head of this Court, the fact-finding result, the fact-finding result, and the empirical rule, which are significant to this court.

arrow