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(영문) 서울중앙지방법원 2015.09.08 2013가단212132
손해배상(자)
Text

1. The Defendant: 5% per annum from June 14, 2013 to September 8, 2015 to Plaintiff A, and the following:

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The defendant's defense unit and C car (hereinafter "Defendant's vehicle")

2) On June 14, 2013, when driving the Defendant vehicle at around 09:50 on June 14, 2013, the Defendant Company entered into an automobile comprehensive insurance contract with respect to the vehicle, and the Defendant Company 1 got left to the left from a three-distance distance without signal, etc. in the 258-dong, Bupyeong-gu, Seocheon-gu, Seocheon-gu to turn to the front side of the Defendant Company 2.

(hereinafter referred to as the “instant accident”). The Plaintiff suffered from the impact of the instant accident on the right spelkes, etc. (In the absence of dispute, evidence Nos. 4, 5, 6, 7, 10-1, No. 1, 2, 3, 4, 6, and 6, evidence No. 1, 2, 3, 4, 6, and the purport of the entire pleadings.

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

C. Prior to the limitation of liability, the Defendant’s liability is limited to 70% on the ground that the Plaintiff’s error was committed while crossing the road by the Plaintiff A, and that such error was caused by the instant accident.

(30% of the Plaintiff’s negligence ratio). The Plaintiff asserted that the instant accident occurred at the wind of the Defendant’s vehicle without complying with the stop line. However, there is no evidence to support such assertion, and the hospital’s medical records (Evidence A-9-9), stating that “the Defendant vehicle walked on the right side of the vehicle, with the speed of 20 km or lower at the time of the accident,” and the actual survey report is merely that the speed of the Defendant vehicle at the time of the accident is 20 km or lower.

2. In addition to the matters stated below within the scope of liability for damages, it is identical to each corresponding item in the separate list of damages calculation, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1.

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