(영문) 서울중앙지방법원 2020.02.05 2018가단5091823

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(영문) 서울중앙지방법원 2020.02.05 2018가단5091823

손해배상(자)

Text

1. The Defendant’s KRW 35,125,412 as well as the Plaintiff’s annual rate from March 3, 2017 to February 5, 2020.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C around 05:30 on March 3, 2017, 2017: Done Star Cargo Vehicles (hereinafter “Defendant Vehicles”)

2) On the part of the Defendant’s front part of the vehicle, the Plaintiff, who was driving on the G cafeteria, was driving the F site front of the F site in Pyeongtaek-si, to the F cafeteria at an insular speed from the G cafeteria to the F gate, and did not look at the right and the right and the right of the front.

2) As a result of the instant accident, the Plaintiff suffered injury, such as mination and crushing of aggregate on the left-hand side.

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle. [The fact that there is no dispute over grounds for recognition, entries in Gap evidence 1, 9-11, 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 there was a negligence on the part of the Plaintiff, who did not properly examine whether the vehicle is traveling along the crosswalk at night. However, there is no evidence to acknowledge such negligence by the Plaintiff, and it is difficult to recognize that there was any negligence on the part of the Plaintiff, who was crossing the crosswalk at the time of the instant case.

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 information: as stated in the column for the “basic matters” in the attached Form for calculation of damages: A.

유사 판례

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