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(영문) 서울중앙지방법원 2019.11.29 2017가단5029050
손해배상(자)
Text

1. The Defendant’s KRW 46,282,70 for the Plaintiff and KRW 5% per annum from January 7, 2012 to November 29, 2019.

Reasons

1. Occurrence of liability for damages;

A. On January 7, 2012, 208:08:20 on January 7, 2012, the name-disqualified person (i) is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”).

(ii)the driver's license of the Plaintiff's driver (hereinafter referred to as "Plaintiff's vehicle") waiting in the front section of the traffic signal while driving the front road of E in Bupyeong-gu Incheon Metropolitan City D, while driving the vehicle.

) The back part of the Defendant vehicle was received as the front part of the Defendant vehicle, and as a result, the Plaintiff suffered an injury, such as a pellley, etc. (hereinafter referred to as “instant accident”).

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

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable for damages suffered by the plaintiff as an insurer who entered into a comprehensive automobile insurance contract with the defendant's automobile.

C. The defendant asserts that the defendant's liability should be limited in consideration of the negligence that did not wear safety belts to the plaintiff.

According to the evidence No. 1-3 of the accident of this case, the plaintiff was found to have been laid off with a vehicle Hand, but the above facts alone are insufficient to deem that the plaintiff did not fasten the safety belt at the time of the accident of this case, and there is no other evidence to acknowledge this otherwise.

In addition, since it is difficult to view that the Plaintiff was negligent in the accident of this case, the defendant's claim of limitation on liability is rejected.

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 current value of damages at the time of the accident shall be calculated at the rate of 5/12 per month.

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