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(영문) 서울중앙지방법원 2018.07.11 2017가단5052821
손해배상(자)
Text

1. The Defendant’s KRW 24,172,368 as well as the Plaintiff’s annual rate of KRW 5% from January 10, 2016 to July 11, 2018.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a vehicle C around 18:55 on January 10, 2016 (hereinafter “Defendant vehicle”).

(B) The Plaintiff’s driver, while driving his vehicle, she left the left in violation of the signal at the Egymar Egymar Egymplate Intersection in the Agsan City, and she saw the Plaintiff’s driver’s Dabbbba (hereinafter “instant accident”). The Plaintiff’s Dababa (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as tea, bones, etc., on the right side side of the instant accident.

3) The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with the Defendant’s vehicle. [Grounds for recognition] The fact that there is no dispute, and Gap evidence Nos. 1 and 2 (including virtual numbers, the purport of the entire pleadings)

B. According to the above facts, 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. The Defendant asserts that the Defendant should limit the Defendant’s liability in consideration of the error that the Plaintiff proceeded in the four-lanes in violation of the designated lane at the time of the instant accident.

However, we cannot accept the defendant's above assertion because it is difficult to recognize the causal relationship with the occurrence of the accident in this case, not to prevent the collision with the vehicle that is left or left in violation of the signal from the opposite direction.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed Schedule of Calculation of Compensation, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

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

It is rejected that the parties' arguments have not been separately explained.

Personal information on lost income: A list of damages calculated in attached Form 1.

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