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(영문) 서울중앙지방법원 2017.12.08 2015가단5309172
손해배상(자)
Text

1. The Defendant’s KRW 7,630,512 as well as the Plaintiff’s annual rate of KRW 5% from October 24, 2014 to December 8, 2017.

Reasons

1. Occurrence of liability for damages;

A. 1) On October 24, 2014, the Plaintiff is a vehicle driving by the winter rates around 12:05 (hereinafter “Plaintiff vehicle”).

(B) To board the back seat of the Gyeong-gun, Gyeong-gun, U.S., Gyeong-gun, and passed around the C Freight C (hereinafter referred to as the “Defendant Vehicle”). At the time, the Plaintiff Company was running prior to the Plaintiff Company.

2) The Plaintiff’s vehicle’s vehicle loaded with the PEdrum, and the Plaintiff’s vehicle’s driver, in order to avoid a collision with the foregoing abortion, was stopped immediately before the Plaintiff’s vehicle was faced with the Drick, and the quith of the Plaintiff’s vehicle was damaged (hereinafter “instant accident”).

(2) The instant accident led to the Plaintiff’s symptoms of uneasiness and depression caused by stress disorder.

3) The defendant is an insurer who has concluded a comprehensive automobile insurance contract with the defendant vehicle. The defendant is an insurer who has concluded a comprehensive automobile insurance contract. The fact that there is no dispute over the grounds for recognition, the entries in Eul No. 2

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring special circumstances, 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. However, according to the evidence No. 5, the plaintiff who was aboard the rear seat at the time of the accident in this case is recognized to have failed to wear a safety labelling at the time of the accident in this case. Since the plaintiff's mistake caused the expansion of damage caused by the accident in this case, it is determined to consider the plaintiff's mistake in calculating the amount of damage to be compensated by the defendant, but the plaintiff's negligence shall be deemed 5% and the defendant's responsibility

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed Schedule of Calculation of Compensation, 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 shall be discarded.

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