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(영문) 서울중앙지방법원 2017.07.07 2016가단5159596
손해배상(자)
Text

1. The Defendant’s KRW 32,635,295 as well as the Plaintiff’s annual rate from October 31, 2015 to July 7, 2017.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a vehicle C around 11:50 on October 31, 2015 (hereinafter “Defendant vehicle”).

) A driving of B, entering the Ekk Center located D at permanent residence, and going through a balk wrong pedal, thereby having set up a vehicle within the said Kk Center and divided the Plaintiff’s body with the owner of the Kk Center and talking on the right side of the Plaintiff’s vehicle and the Defendant’s left side (hereinafter “instant accident”).

2) The Plaintiff suffered from the injury, such as cutting down the peltos, etc. on both sides, due to the instant accident.

3) The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle. [Grounds for recognition] The fact that there is no dispute, Gap 1, 2, and 4 (including virtual numbers, the purport of the entire 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.

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 data: The base income and operating period in the annexed sheet for calculation of damages: 2) the Plaintiff has operated the construction business in the name of “F” from April 2009 until he/she reaches the age of 4,906,768 won per month, and 60 years. The amount of income reported at a tax office was 68,95,550 won in April 2012, 2013, 54,276,276 won in 2013, 53,371,254 won in 2014, and 116,549,297 won in 2015, and in particular, the deadline for filing a return has arrived after the instant accident occurred.

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