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(영문) 서울중앙지방법원 2016.05.13 2012가단5037117
손해배상(자)
Text

1. On April 21, 201, around 18:10, with respect to traffic accidents that occurred near Seocho-gu Seoul Metropolitan Government.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. 1) The fact of recognition C is as follows: (a) D New franchises around 18:10 on April 21, 201; and (b) X-gu Automobiles (hereinafter “Plaintiff”)

(B) Defendant E-Toba (hereinafter referred to as “Defendant Oba”) who driven the vehicle and driven along the three-lane road in front of the Seocho-gu Seoul Metropolitan Government, while driving the vehicle in front of the Plaintiff vehicle.

) The back portion of the F driver’s IM, which was pushed back by Defendant Ora in the future, changed from two lanes to one lane on the right side of the direction of Defendant Oraba in the direction of Defendant Orababababababababababababa, caused the Defendant to suffer bodily injury, such as the cliba on the left side of the F driver’s MMbababababababababa, and caused the Defendant to suffer bodily injury (hereinafter “the instant accident”).

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

B. According to the fact of recognition of liability, the Plaintiff, the insurer, is liable for the damages suffered by the Defendant.

C. The instant accident subject to limitation of liability did not cause C to limit the Plaintiff’s liability, as C was negligent in neglecting the front line, not ensuring a safe distance, and due to negligence that failed to accurately operate the brake system, Defendant Oba, which was proceeding in the front line, unilaterally received.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 4, 7, 8 (including paper numbers; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, the parties' arguments are not stated separately.

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