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(영문) 서울중앙지방법원 2015.10.16 2014가단5063837
손해배상(자)
Text

1. The Defendant’s KRW 25,572,38 as well as the Plaintiff’s KRW 5% per annum from December 6, 2013 to October 16, 2015.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a vehicle C around December 16, 2013 (hereinafter “Defendant vehicle”). A is a vehicle of the Republic of Korea on December 6, 2013.

2) The Plaintiff, while driving a vehicle and driving a vehicle to turn to the left at the upper right intersection in Ansan-gu, Ansan-gu, the Plaintiff was shocking the road, followed the Plaintiff’s right-hand bridge going to the front of the road, and followed the Plaintiff’s right-hand bridge in front of the vehicle. As a result, the Plaintiff was injured by the Plaintiff, such as the removal from the right-hand bridge (hereinafter “instant accident”).

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

[Ground for Recognition: Facts without dispute, Gap evidence 3, 4 (including paper numbers), Eul evidence 1 (including paper numbers), the purport of the whole pleadings]

B. According to the above fact of recognition of liability, the defendant is liable to compensate the plaintiff for damages incurred by the accident of this case.

C. Limit of liability, however, the Plaintiff is negligent in crossing the intersection without permission by crossing the intersection, and such negligence seems to have influenced the occurrence of the instant accident and the expansion of damage, so the Defendant’s liability is limited to 75% by taking into account this.

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 amount of damages at the time of the accident shall be based on the calculation of the amount of interim interest at the rate of 5/12 per month, which deducts the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal data: as stated in the column for the “basic matters” in the annexed sheet for calculation of damages amount: Urban Daily Wage, the number of working days per month, and 3 until he reaches the age of 60): 12% of the labor capacity loss rate due to the slateral occupation, and the market sea for 3 years from the appraisal date (clater).

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