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(영문) 서울중앙지방법원 2018.02.09 2016가단5183667
손해배상(자)
Text

1. The Defendant: (a) KRW 104,497,156 for the Plaintiff and KRW 5% per annum from May 29, 2015 to February 9, 2018; and (b) the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B is a C Lat Car under the influence of alcohol on May 29, 2015 at around 07:15, at around 07:10% of blood alcohol concentration (hereinafter “Defendant Vehicle”).

) While driving a vehicle and driving a vehicle, the plaintiff walking along the side of the opposite road beyond the center line while driving the front road of the vehicle into the E apartment room from the bend of Dobong-cheon Elementary School at the time of strike, he saw the plaintiff going beyond the center line to the front part of the left side of the defendant vehicle (hereinafter referred to as “instant accident”).

2) The Plaintiff suffered injury to the Plaintiff, such as the Plaintiff’s external wound, etc. due to the instant accident.

3) The Defendant is an insurer of an automobile comprehensive insurance contract with respect to the Defendant vehicle (based on recognition). The Defendant is an insurer of an automobile comprehensive insurance contract with respect to the Defendant vehicle (based on recognition), the fact that there is no dispute, Gap 1, 2, 5, 7, and 8 (including virtual numbers, Eul 1,

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.

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, it is rejected that the parties' arguments are not stated separately.

Personal information and post-payment disability 1) Personal information: as stated in the column for the calculation of the amount of compensation for damages in attached Form 1. The Plaintiff’s life expectancy is presumed to have been 83.9% of the normal person based on the date of physical assessment ( February 24, 2017). As such, January 31, 2028 shall be deemed to have been ended at the end of the Plaintiff’s life. 2) N-B-2 of the two Mabrid disability Assessment Table on a permanent basis due to changes in recognition function and character (10% contribution of the Mabrid disability 10%, and contribution of the two Mabrid disability 10%).

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