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(영문) 서울중앙지방법원 2020.11.26 2019가단5179140
손해배상(자)
Text

1. The Defendant’s KRW 20,062,274 as well as 5% per annum from January 9, 2019 to November 26, 2020 as to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

(a) 1) C is a D-si vehicle on January 9, 2019 (hereinafter “Defendant vehicle”) around 15:06 on January 9, 2019

) A driving of the Plaintiff, while driving a two-lane in front E-lane in Seoul, and driving a three-lane, while changing the two-lanes into the three-lane, the FOba in front part of the Plaintiff’s driving, which driven the three-lane, was shocked into the right side of the Defendant’s vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered from the injury, such as the pressure frame, closure, and tension of the upper part of 11,12, and the base base and tension of the plebow, sacrine in which there is no room for any open two sides, sacrine sacrines, sacrines, sacrines, belbows of elbows, strings of elbows, sacrines, sacrines, and tensions of sacrines, and

3) The defendant is an insurer who has entered into an automobile comprehensive insurance contract against the defendant vehicle. The defendant is an insurer who has entered into an automobile comprehensive insurance contract for the defendant vehicle. The fact that there is no dispute about the ground for recognition, Gap's evidence Nos. 1 and 2, Eul's evidence No.

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

C. Limit of liability: (a) the Plaintiff, as well as the Plaintiff, was negligent in neglecting his duty to safely drive by taking into account the situation of the front left left and surrounding vehicles, and the Plaintiff’s error contributed to the occurrence of the instant accident and the expansion of damages; (b) thus, the Defendant’s negligence should be considered in calculating the amount of damages that the Defendant would compensate for, and thus, the Defendant’s liability is limited to 85%.

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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