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(영문) 서울중앙지방법원 2014.12.24 2013가단5152419
손해배상(자)
Text

1. The Defendant’s KRW 60,462,280 as well as the Plaintiff’s annual rate of 5% from August 2, 2011 to December 24, 2014, and the following.

Reasons

1. Occurrence of liability for damages;

A. 1) B is based on the basis of liability: (a) C Poar Car around 20:45 on August 2, 2011 (hereinafter “Defendant Vehicle”).

) While driving a vehicle and driving a two-lane road of the 4-lane road in front of the Mannam-si, Sungnam-si, and driving a two-lane road in front of the Mannam-si, the Plaintiff, who was driving a road without permission from the left side of the Mannam-si to the right side of the Defendant vehicle, caused the Plaintiff to suffer injury, such as the closure of the Mannam-gu, accompanied by the Mannam-si (hereinafter referred to as the “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive insurance contract with respect to the Defendant’s vehicle.

B. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. The limitation of liability: (a) it is reasonable to deem that the Plaintiff, even at night, was negligent in crossing a four-lane road under the influence of drinking at night, and caused the instant accident; and (b) such error contributed to the occurrence of the instant accident and the expansion of the damage therefrom; and (c) accordingly, the Defendant’s liability is limited to 60% by taking into account the ratio of negligence to 40%.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1 (including branch numbers), the whole purport of pleading

2. In addition to the separate statements below the scope of the liability for damages, it shall be calculated at present in accordance with the calculation method of the attached amount of damages as shown in the separate statement of calculation of damages (in accordance with the calculation method by which the intermediate interest is deducted at the rate of 5/12 per month, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but the period for the convenience of calculation shall be calculated on a monthly basis, but the amount less than a month shall be included on the side which is less than the original and less than the last month),

Personal information on lost income 1: A list of damages calculated in attached Form.

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