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(영문) 서울중앙지방법원 2016.02.17 2013가단5195249
손해배상(자)
Text

1. The Defendant’s KRW 65,629,100 as well as the Plaintiff’s annual rate from July 2, 2012 to February 17, 2016, and the following.

Reasons

1. Occurrence of liability for damages and limitation on liability;

A. On July 2, 2012, the Plaintiff driven Oral Ba on July 13:00, and driven by three lanes near the five-lanes of Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, for the vehicle parking lots located on the right side of B entering the said road (hereinafter “Defendant”) along the front side of the front side of the vehicle B entering the right side of the said road (hereinafter “Defendant vehicle”) and the front part of the Plaintiff’s driving Oral Ba conflict with the front part of the vehicle B entering the right side of the said road, thereby causing injury to the right side, such as the pelle, the pelle, the lale, and the ero

(hereinafter referred to as the "accident of this case").

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

C. Since the instant accident occurred due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the Plaintiff for damages arising from the instant accident.

However, it seems that if the Plaintiff was engaged in safe driving while fully paying the duty of her previous week, it could have prevented or reduced the damage of the instant accident. Therefore, the Defendant’s liability is limited to 80% of the total damage in consideration of such overall circumstances.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. The following facts within the scope of liability for damages may be acknowledged either in dispute between the parties, or in full view of the purport of the entire pleadings as a result of Gap evidence 1 through 16, Eul evidence 1, commissioning the physical examination of the president of the Gyeonghee University Hospital and fact inquiry.

(Calculation's convenience period shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded. The current price calculation at the time of the accident of the amount of damages shall be in accordance with the fractional interest rate which deducts the interim interest at the rate of 5/12 per month. And it shall be rejected that the parties' arguments do not separately provide for.

male income remaining after 39 years of age and 4 months of age at the time of the accident due to the Cirrity: The urban daily wage and the average number of working days per month shall be 22 days.

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