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(영문) 서울중앙지방법원 2020.11.11 2018가단5055018
손해배상(자)
Text

1. The Defendant’s KRW 136,519,960 for the Plaintiff and the following: 5% per annum from July 26, 2008 to November 11, 2020 for the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. (1) On July 26, 2008, the driver of the Defendant taxi driving the Defendant vehicle at around 02:00, and driving it at the speed of about 90 km per hour, depending on the two-lanes between the three-lanes of speed in Seoul and the three-lanes of speed.

빗길에 미끄러지면서 중앙분리대를 충격하고 연이어 우측으로 튕키며 옹벽을 충격하였다

(2) The Plaintiff was on board the Defendant’s vehicle, and the Plaintiff suffered injury, such as the mouth and sloping 4-5 No. 4-5 in the instant accident, Gyeong-gu, Gyeong-gu, Gyeong-gu, Gyeong-gu, Gyeong-gu, and Gyeong-gu, Seoul National University Hospital from the date of the accident, and was hospitalized until August 30, 2008.

(3) The defendant is an insurer who has concluded a comprehensive automobile insurance contract with the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap 2-4, the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the instant accident as an insurer of the defendant vehicle, unless there are special circumstances.

C. The defendant asserts that there was negligence that the plaintiff did not wear safety belts at the time of the accident.

Although the Plaintiff appears to have suffered from injury to the Gyeong, etc., it is difficult to conjecte the fact that the Plaintiff was injured by the Gyeong, etc. in light of the circumstances of the instant accident and the degree of shock, etc., just because the Plaintiff was injured by the Gyeong, etc. in light of the background and degree of shock.

Defendant’s assertion is not accepted.

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 per month to the interim interest rate.

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