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(영문) 서울중앙지방법원 2014.12.24 2013가단5119634
손해배상(자)
Text

1. The Defendant’s KRW 8,320,297 as well as the Plaintiff’s annual rate of 5% from August 15, 2012 to December 24, 2014, and the following.

Reasons

1. Occurrence of liability for damages;

A. 1) B is the basis for the responsibility of the vehicle C at around 01:35 on August 15, 2012 (hereinafter “Defendant vehicle”).

) A gallon’s front part of the Plaintiff’s gallon’s gallon’s vehicle, which was driving one lane of the two-lane road of the above two-lane road in Yeongdeungpo-si, Sinsi-si, Sinsi-si, Seoul, caused the Plaintiff to suffer injury, such as pressure dalloning, right 8, 9, 10 a.m. (hereinafter “the instant accident”). A gallon’s front part of the Defendant’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s gallon’s

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

B. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. Whether liability is limited or not, the Defendant asserts that since the Plaintiff did not wear the safety labelling at the time of the instant accident and this caused the occurrence and expansion of damages, the Plaintiff’s negligence should be considered to the extent of 20%. However, there is no evidence to prove that the Plaintiff did not wear the safety labelling at the time of the instant accident, the Defendant’s above assertion is rejected.

【In the absence of dispute over the grounds for recognition, Gap’s statements, Gap’s evidence 1 through 6, Gap’s evidence 12, 13, Eul’s evidence 3 (including the branch numbers), and the purport of the whole pleadings

2. In addition to the separate statements below the scope of liability for damages, it shall be calculated at present in accordance with the calculation method of the attached amount of damages, which deducts interim interest at the rate of 5/12 per month as simple interest, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but the period for the convenience of calculation shall be calculated on a monthly basis; however, it shall be excluded that the amount less than a month is included on the side which is less than the cost and less than the last month, and that the parties’ arguments are not separately explained.

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