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(영문) 서울동부지방법원 2020.11.13 2020가단101332
보험금
Text

The defendant shall pay 6,789,500 won to the plaintiff and 5% per annum from February 22, 2017 to November 13, 2020 and the next day.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant’s vehicle C at around 21:50 on February 22, 2017 (hereinafter “Defendant’s vehicle”).

) While driving a vehicle and driving a road in the vicinity of Seodaemun-gu Seoul Metropolitan Government D and going to the left to the left of the alley, the head of the Plaintiff’s body crossing the alley road from the left side of the vehicle to the right side of the Defendant’s driving direction was shocked with the front gate part of the left side (hereinafter “instant accident”).

2) The Plaintiff suffered an injury to the relevant salted base due to the instant accident.

3) The defendant is a mutual aid business operator who entered into a mutual aid agreement with the defendant's vehicle. The defendant is a mutual aid business operator who entered into a mutual aid agreement with the defendant's vehicle. The fact that there is no dispute over grounds for recognition, Gap's 1, 4,

B. According to the above recognition and scope of liability, the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as the mutual aid business operator of the Defendant’s vehicle.

C. The limitation of liability: (a) the place of the instant accident is a side road of the housing price, where there is no distinction between the roadway and the sidewalk, and there is no central leading road; (b) so, the Plaintiff also should have been negligent in walking the above road at night, and thus, it should be considered in calculating the amount of damages to be compensated by the Defendant; (c) in light of the aforementioned circumstances, the Plaintiff’s negligence shall be deemed 10%, and the Defendant’s liability shall be limited to 90%.

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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