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(영문) 서울중앙지방법원 2016.02.18 2014가단62976
손해배상(자)
Text

1. The Defendant: KRW 44,920,095 for the Plaintiff and KRW 5% per annum from July 31, 2013 to February 18, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition B, around 11:10 on July 31, 2013, driven a C Opis car and driven a three-lane road in front of the E parking lot located in Dong-gu, Chungcheongnam-gu, Dong-gu, Chungcheongnam-gu, Incheon along the right side of the instant car, followed the Plaintiff, who walked on the crosswalk on the left side from the crosswalk on the right side to the right side of the instant car (hereinafter “instant accident”). Accordingly, the Plaintiff suffered injury, such as the alley and the Y, etc., No. 1 in the YY.

The defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract for the motor vehicle operated by B.

[Evidence] Items 2, 3, and 9 Nos. 2, 3, and 9 and the purport of the whole pleading

B. According to the facts found as above, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident, inasmuch as B driving the said car and causing the instant accident to the Plaintiff.

C. The Plaintiff’s liability is limited to 95% of the Defendant’s liability in consideration of the aforementioned circumstances, given that the Plaintiff, while walking along a crosswalk where signal, etc. is not installed, failed to carefully examine the progress of the vehicle.

(5 per cent of the plaintiff's negligence). 2. The calculation of the price shall be made in accordance with the family-flive calculation method that deducts intermediate interest at the rate of 5/12 per month of the scope of liability for damages as a single interest, and the amount of less than a month and less than a won for the convenience of calculation shall be discarded.

[Ground of recognition] Gap evidence Nos. 4, 5, 6, 8, Eul evidence Nos. 1, Eul evidence Nos. 4, 5, 6, and 8, and the result of this court's commission of physical examination and fact inquiry, the purport of the whole pleadings

(a) Personal information 1) Personal information: Fborn female (the remaining 53 years old at the time of the instant accident) income and operating period: Income equivalent to the daily wage of an urban ordinary worker, and 3 years old until November 18, 2019, operated until November 18, 2019), residual disability and labor capacity loss ratio ① Until December 6, 2013 from the date of the instant accident (the hospital treatment period, and this period).

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