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(영문) 서울중앙지방법원 2019.11.08 2018가단5106466
손해배상(자)
Text

1. The Defendant’s KRW 25,211,363 as well as the Plaintiff’s annual rate of KRW 5% from July 6, 2017 to November 8, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is DPoter II truck around 07:30 on July 6, 2017 (hereinafter “Defendant”)

) While driving Eul and moving the front of Gangnam-gu Seoul Gangnam-gu to the front side of the front side of the front side of the front side of the front side of the front side of the front side of the Defendant vehicle, such as the above accident site map, the Plaintiff’s left side side was over (hereinafter the above traffic accident referred to as “instant accident”).

(2) The Plaintiff suffered injury such as skin loss, etc. on the left side of the instant traffic accident, etc. due to the instant traffic accident, and was hospitalized from July 6, 2017 to July 30, 2017.

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with the Defendant vehicle. The Defendant is an insurer who entered into an automobile comprehensive insurance contract. The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence No. 1, 2,

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 overall purport of the pleadings in the statements or images in the evidence Nos. 2 and 4, the Plaintiff did not properly examine whether there was a vehicle that starts and is proceeding in a place other than a crosswalk, despite the existence of a crosswalk in the vicinity.

Considering the developments leading up to the instant accident and all the circumstances before and after it, the Plaintiff’s mistake is deemed to have caused or expanded damages. Therefore, in calculating the amount of damages that the Defendant should compensate, the Defendant’s liability is limited to 80% by taking this into account.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;

The amount of damages at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 per month.

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