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(영문) 서울중앙지방법원 2020.08.19 2017가단94899
손해배상(자) 청구의 소
Text

1. The Plaintiff, the primary Defendant is KRW 173,607,063, and 5% per annum from May 10, 2016 to August 19, 2020.

Reasons

1. Judgment as to the plaintiff's primary claim

A. (1) In fact, Nonparty D is liable for damages. Nonparty D is the Defendant’s vehicle on May 10, 2016, from the three-distance distance front Cheongdoro, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon (hereinafter “Defendant”) around May 15:40.

(B) the Plaintiff’s driver’s vehicle for F-wing and cargo of the Plaintiff’s driver’s vehicle (hereinafter referred to as “Plaintiff’s vehicle”) in front of the Defendant’s vehicle while driving a non-protection unit.

3) The above part of the accident was shocked (hereinafter referred to as “instant accident”).

(2) According to the reasoning of the judgment below, the plaintiff suffered injury due to the accident in this case, and the main defendant is the insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant's vehicle, and the facts that the defendant is the insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant's vehicle do not dispute between the parties, or as a whole, the purport of the argument as to Gap's evidence Nos. 2, 3, 4-1 through 6, and 11-9 through 11, and 15 is comprehensively taken into account.

3) The limitation of liability: Provided, That in light of the circumstances surrounding the instant accident recognized by the aforementioned evidence, including the fact that the Plaintiff, as the Plaintiff, has an obligation to take the front of the accident and immediately refrain from the accident due to, and if necessary, immediately restraint the accident, etc., or the circumstances shown in the pleadings of the instant case, it is reasonable to limit the Plaintiff’s primary Defendant’s liability to 90%. (b) The scope of the Plaintiff’s liability is as follows. The period for the convenience of calculation shall be calculated on a monthly basis, but the period less than the last month and less than KRW 1 shall be discarded. The current value calculation at the time of the accident at the time of the accident shall be governed by the simple interest rate that deducts the interim interest at the rate of 5/12 per month. Moreover, the fact that the Plaintiff’s assertion separately does not state is dismissed. (i

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