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(영문) 서울중앙지방법원 2016.01.29 2014가단5272907
손해배상
Text

1. The Defendants jointly share KRW 34,473,053 with respect to the Plaintiff and the period from October 24, 2013 to January 29, 2016.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) Defendant B’s vehicle around 18:00 on October 24, 2013 (hereinafter “Defendant vehicle”).

2) On the other hand, the Plaintiff, while driving a vehicle, who was traveling in the direction of Seoul in the middle of the two documents of Gyeonggi Pyeong-gun, was at the same time stopped in the front direction of Seoul, suffered injury by the Plaintiff, such as the pressure pressure of the 5th century, etc. (hereinafter “instant accident”).

(2) Defendant Samsung Fire Marine Insurance Co., Ltd. is an insurer that entered into a comprehensive automobile insurance contract with the Defendant vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence 1 to 3, purport of whole pleadings]

B. According to the above facts, Defendant B, the driver of Defendant vehicle, and Defendant Samsung Fire & Marine Co., Ltd., the insurer, are liable to compensate for the Plaintiff’s damage caused by the instant accident.

C. The Defendant asserts that the Defendant should limit the Defendant’s liability in consideration of these circumstances since the Plaintiff did not wear the safety labelling at the time of the instant accident. However, it is insufficient to recognize the fact that the images specified in the evidence No. 1 (including the serial number) do not have the Plaintiff wear the safety labelling, and there is no other evidence to acknowledge it. Therefore, the Defendant’s above assertion is rejected.

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 price at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.

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

Personal information 1) Personal data: as stated in the “basic matters” column of the attached Form for calculation of damages, income. 2)

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