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(영문) 서울남부지방법원 2020.04.22 2018가단249609
손해배상(자)
Text

1. The Defendant’s KRW 14,30,832 as well as the Plaintiff’s KRW 5% per annum from October 21, 2017 to April 22, 2020.

Reasons

1. Facts of recognition;

A. The parties concerned are the insurers who have concluded a comprehensive automobile insurance contract for the insured vehicle driven by C (hereinafter “Defendant vehicle”), and the Plaintiff was accompanied by the E-vehicle driven by D (hereinafter “Plaintiff vehicle”).

It is the victim of an accident described in the subsection.

B. On October 21, 2017, C, around 16:43, 2017, while driving the Defendant vehicle in front of the G wedding hall located in the Gangnam-gu Seoul Metropolitan Government F and changing the vehicle, C shocked the backlight of the Plaintiff vehicle under stop due to negligence, such as the driver’s lodging, while driving the vehicle on the front of the G wedding hall located in the Gangnam-gu Seoul Metropolitan Government (hereinafter “instant accident”).

(2) The Plaintiff, who was accompanied by the instant accident, sustained injury, such as “gal ppuri disease accompanied by other congrative signboards”, etc.

C. From October 24, 2017 to April 18, 2018, the Defendant paid the Plaintiff a total of KRW 1,104,720 for medical expenses.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of whole pleading

2. Occurrence of liability for damages;

A. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case as the insurer of the defendant vehicle, unless there are special circumstances.

B. The Defendant asserts that the Defendant should limit the Defendant’s liability for damages in consideration of the fact that the Plaintiff was placed on the top of the Plaintiff’s vehicle at the time of the instant accident, which led to the Plaintiff’s failure to wear the safety level, and that this was the cause of expansion of damage. However, there is no evidence to acknowledge the above fact, and the Defendant’s assertion is without merit.

3. Except as otherwise stated below within the scope of liability for damages, the relevant item of the attached Table for calculation of damages shall be the same as each corresponding item of the attached Table for calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than a month and less than a won shall be discarded, and the present at the

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