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(영문) 서울중앙지방법원 2020.10.30 2019가단5016539
손해배상(자)
Text

1. The Defendant’s KRW 89,026,230 as well as 5% per annum from August 25, 2018 to October 30, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) On August 25, 2018, C: (a) around 03:30 on August 25, 2018, the E low-speed car parked on the backway near the service center located in Daegu Suwon-gu D (hereinafter “Defendant vehicle”).

2) The Plaintiff, who walked on the left side of the Defendant’s vehicle, shocked the Plaintiff (hereinafter “instant traffic accident”) on the left side of the Defendant’s vehicle.

2) The Plaintiff sustained an injury, such as cutting the upper right alley, due to the instant accident.

3) The Defendant is an insurer who has concluded an automobile comprehensive insurance contract against the Defendant vehicle. The Defendant is an insurer who has concluded an automobile comprehensive insurance contract with the Defendant vehicle. The fact that there is no dispute over the ground for recognition, Gap evidence 2, Eul evidence 1 and 4 (which includes the number, hereinafter the same

each entry or video, the whole purport of the pleading;

B. According to the above recognition of liability, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff was injured by the operation of the Defendant’s vehicle.

C. The limitation of liability, however, in full view of the purport of the entire pleadings in the statement in Eul evidence No. 4, the Plaintiff appears to have not paid due attention to the surrounding vehicles while walking along the backway at the new wall time while under the influence of alcohol, and such mistake of the Plaintiff is deemed to have caused the occurrence or expansion of damage. Therefore, the Defendant’s liability is limited to 90% by taking this into account in calculating the amount of damages that the Defendant should compensate for.

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 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, the parties' arguments.

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