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(영문) 서울중앙지방법원 2019.07.26 2018나70112
손해배상(자)
Text

1. Of the judgment of the court of first instance, KRW 15,69,748 against the Plaintiff and its related amount from December 6, 2014 to July 26, 2019 against the Defendant.

Reasons

1. Facts of recognition;

A. The Defendant is an insurer who has concluded an automobile insurance contract with respect to C New Daily (hereinafter “Defendant vehicle”).

B. Around 13:05 on December 6, 2014, the Defendant driver of the vehicle driving the Defendant vehicle, driving the Defendant vehicle, making a left-hand turn at the close distance of D Kimpo-si, and in conflict with the bicycle of the Plaintiff driver driving the vehicle, and caused the Plaintiff to suffer injury, such as turning back to the right direction, due to the collision with the bicycle of the Plaintiff driver driving.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1, 2, and 7, and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. According to the above facts of recognition, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as an insurer of the defendant vehicle.

B. Although the defendant should pass along the right side of the bicycle, the plaintiff suffered from the accident of this case at the wind to operate the bicycle at the center of the road, so the plaintiff's negligence is at least 30%, but there is no other evidence to recognize it. Thus, the defendant's above assertion is without merit.

3. Except as otherwise stated below within the scope of the liability for damages, the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than a month and less than a won shall be discarded.

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

A. Personal information 1) Personal data: 2) Aftermath disability and labor ability loss rate: 9% of the labor ability loss rate due to the scambling of the shoulder section, 5 year Han-scam disability [2-A-4 of the scambrosion table, 5, and 50% of the occupational coefficient of the scambrosion table] of the defendant, although the plaintiff received the re-scambrosion after the accident in this case, the re-scam of the scambrosion after the accident in this case, other than the scking.

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