logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.29 2016가단5001024
손해배상(자)
Text

1. The Defendant’s KRW 61,574,677 as well as the Plaintiff’s KRW 5% per annum from December 17, 2014 to August 29, 2018.

Reasons

1. Occurrence of liability for damages;

A. At around 18:10 on December 17, 2014, Category B (hereinafter referred to as “Defendant vehicle”) is a vehicle of C around December 17, 2014.

2) On the other hand, the Plaintiff, while driving a vehicle and driving the vehicle, was shocking the Plaintiff, who dried up at the crosswalk, while driving the road near the 277 Sukjin-gu, Seoul Special Metropolitan City (hereinafter referred to as the “instant accident”).

(2) The Plaintiff suffered injury, such as the First Twitter emission e.g., the instant accident.

3) The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with the Defendant’s vehicle. [Grounds for recognition] The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with the Defendant’s vehicle (which is without dispute, evidence Nos. 3, 4, and 2

B. According to the fact of recognition of liability, since the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle.

C. The Defendant asserts that the Defendant should limit the Defendant’s liability by taking account of such circumstances, since the Plaintiff was negligent in promoting the safety of the vehicle, even though he/she neglected to take into account the movement of the vehicle in the crosswalk without signal lights at night.

However, there is no evidence to acknowledge that the Plaintiff did not properly see the safety of the crosswalks, such as traffic conditions, while cutting the crosswalks, and the above assertion by the Defendant is rejected.

2. Except as otherwise stated below within the scope of the liability for damages, each of the corresponding items of the Schedule of Calculation of Compensation for Damages, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

It is rejected that the parties' arguments have not been separately explained.

Personal information on daily income: Attached Form 1.

arrow