(영문) 서울중앙지방법원 2016.01.12 2013가단258770

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자간(%)

(영문) 서울중앙지방법원 2016.01.12 2013가단258770

손해배상(자)

Text

1. The Defendant’s KRW 29,429,172 as well as the Plaintiff’s annual rate of 5% from July 28, 2004 to January 12, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) The defendant's vehicle B (hereinafter "Defendant's vehicle")

A) Around 09:02 on July 28, 2004, C driven the Defendant’s vehicle, and proceeded at the speed of 25 to 30km/h on the side of the road without a vehicle located in Seongdong-gu Seoul, Seongdong-gu, Seoul. The Plaintiff, at the right side of the running direction, boarded the bicycle on the right side of the bicycle, and received the right side of the bicycle from the front edge of the Defendant vehicle.

(3) Due to the instant accident, the Plaintiff suffered an impact on the face, etc., such as the diversified reflect of the face, etc., and the loss of the solely left horns, due to the instant accident. [Ground for recognition: the fact that there is no dispute, A’s evidence Nos. 1 and 2, B’s evidence No. 1, and the purport of the entire pleadings

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

C. The Defendant’s limitation of liability asserts that the Plaintiff was erroneous for the Plaintiff to walk the bicycle on the side streets while walking along the bicycle. However, the Defendant did not use the crosswalk and did not accept such assertion.

However, even though the error of C, which caused the instant accident by neglecting the duty at the time of Jeonju, was large, the Plaintiff, in light of the aforementioned circumstances, failed to pay due attention to the flow of the surrounding vehicle while riding and driving a bicycle on the back-road along the remote distance. Such error was caused by the instant accident and the expansion of damage, and thus, the Defendant’s liability is limited to 70%.

(30% of the plaintiff's fault ratio) 2. The same item shall be the same as the corresponding item of the attached Table of the calculation of damages, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value of damages at the time of the accident shall be calculated on May.

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