logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.10.16 2017가단5090083
손해배상(자)
Text

1. The Defendant’s KRW 42,266,390 for the Plaintiff and KRW 5% per annum from March 18, 2017 to October 16, 2019.

Reasons

1. Occurrence of liability for damages;

A. 1) C is a DNA vehicle around 05:00 on January 16, 2017 (hereinafter “Defendant vehicle”).

) While driving of the vehicle and driving of the vehicle, while driving Samsung-dong Samsung SDS Sam-dong Samsung, the vehicle driven by the plaintiff was not found in the front section and proceeded as it was, and the remaining part was shocked by the defendant vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as light cryp and cryp cryp, and cryp escape from the cryp, etc.

3) The Defendant is an insurer which has concluded a comprehensive automobile insurance contract with respect to the Defendant vehicle. [The fact that there is no dispute over grounds for recognition, entries in Gap evidence 2 and 3, and the purport of the whole pleadings.]

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.

C. The Defendant asserts that the Plaintiff’s negligence should be considered as it contributed to the expansion of damages because the Plaintiff did not wear a safety level, but there is no evidence to acknowledge this.

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 1) Personal data: as stated in the “basic matters” list for calculation of damages amount in attached Form 2: At the time of the instant accident, the Plaintiff received the base pay of KRW 3,10,000 per month, the duty-value pay of KRW 333,40 per month, KRW 688,700 per month, overtime allowances of KRW 120,00 per month, and the food subsidies of KRW 7,946,200 per year = 3,814,100 per year, and KRW 4,132.

arrow