(영문) 서울중앙지방법원 2015.03.06 2013가단5125233

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(영문) 서울중앙지방법원 2015.03.06 2013가단5125233

채무부존재확인

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1. The Plaintiff’s obligation to pay the insurance money to the Defendant regarding the traffic accident stated in the separate sheet is KRW 1,00,000.

Reasons

1. Occurrence of liability for damages;

A. At around 07:00 on April 26, 2012, B, the vehicle C in the vicinity of the Sung River as Seoul Olympic Games (hereinafter “Plaintiff vehicle”).

2) The Defendant was injured by the injury, such as the damage to the upper right strings within the strings (hereinafter “instant accident”). The Defendant, who was on the strings of the strings, was driving the strings of the strings of the strings of the strings of the strings

(2) The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

B. According to the facts of recognition as the basis of liability, the Plaintiff is liable for damages sustained by the Defendant due to the instant accident as the insurer of the Plaintiff’s vehicle.

C. However, according to the evidence above, since the defendant did not fasten the safety belt and did so on the vehicle, it is reasonable to consider it in determining the amount of damages, but it is reasonable to view that such ratio exceeds 10%.

Therefore, the plaintiff's responsibility is limited to 90%.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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.

In addition to the data on income tax returns, there is no data on income other than the data on income, it shall be based on the average monthly income of 2,057,558 won (i.e., KRW 19,89,98,980, KRW 29,482,417) based on the amount reported as income amount in 201 and 2012, and the operating period shall be deemed to reach 60 years of age. ii) the loss of 1.5% of the labor ability due to the right side of the latter disability and the permanent disability [the ratio of loss of labor ability and labor ability].

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