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(영문) 서울중앙지방법원 2013.05.16 2010가단252313
부당이득반환
Text

1. The Defendant’s KRW 164,418,653 as well as the Plaintiff’s annual rate from November 23, 2002 to May 16, 2013.

Reasons

1. Occurrence of liability for damages;

A. On July 3, 2008, at around 10:40 on July 3, 2008, B operated a vehicle C, which was subscribed to the Plaintiff’s Comprehensive Automobile Insurance (hereinafter “Plaintiff”) and went to the left in the direction of the Southern East-gu Incheon Southern-gu Intersection 1 complex from the direction of the Namdong-gu, Incheon to the direction of the Southern-dong Industrial Complex pursuant to the new subparagraph, the Defendant was injured by the front wheel of Defendant Ortoba, who was in the traffic signal at the direction of the Southern East-dong Industrial Complex, facing the stop line in the direction of the Southern East-dong Industrial Complex, and caused the injury of the Defendant, such as light, spawd, and vertebrate fat, etc.

(hereinafter “instant accident”). (b)

According to the above facts of recognition of liability, the plaintiff is liable for the damages suffered by the defendant due to the accident of this case as the insurer of the plaintiff vehicle.

C. Whether liability is limited, however, the Defendant erred by neglecting the stop line at the time of the instant accident, thereby obstructing the course of the Plaintiff’s vehicle. Such negligence by the Defendant is deemed to have caused the occurrence and expansion of damages caused by the instant accident, and thus, it shall be considered in calculating the amount of damages to be compensated by the Plaintiff, but it is reasonable to view that the ratio exceeds 10% in light of the above facts, and thus, the Plaintiff’s liability is limited to 90%

[Ground of recognition] In the absence of dispute, each statement of Gap 1, 2, 5, 6 evidence, Eul 1-4 evidence (including a branch number; hereinafter the same shall apply), the result of the commission of each physical examination to the president of the Hanyang National University and the president of the Geman National University affiliated with the Geman National University, and the purport of the whole pleadings

2. The scope of the defendant's damage liability shall be as shown in the attached Form of Compensation Calculation Table except the following separate statements concerning the defendant's damage amount.

(C) The 5/12 per month interest rates shall be calculated in accordance with the Flateral Calculation Method, which shall deduct intermediate interest at a simple rate, and the account shall be less than a month for the convenience of calculation and less than a won shall be included), and the parties' arguments shall not be separately explained.

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