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(영문) 서울중앙지방법원 2015.01.30 2013가단110052
손해배상(자)
Text

1. The Defendant’s KRW 392,379,095 as well as the Plaintiff’s annual rate of 5% from October 26, 2011 to January 30, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B driven a vehicle at around 21:40 on October 26, 201 (hereinafter “Defendant vehicle”) and concealed a D vehicle, which was stopped on the north west-ri, in two-lanes in both documents in the Gyeonggi Pyeong-gun, in the north west-ri course, along the two-lanes of the two-lanes from the boundary of the national border zone. The said D vehicle was pushed ahead of the said accident, and the said D vehicle was pushed ahead of the said accident. The Plaintiff was on board the said D vehicle, resulting in the injury, such as the external fladrosis, etc. due to the shock of the said accident.

(2) The defendant is a mutual aid business operator who has entered into a mutual aid agreement with the defendant's vehicle.

【Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 3 (including paper numbers), the purport of the whole pleadings】

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 defendant's assertion on the plaintiff's negligence is likely to have failed to wear the safety belt at the time of the accident of this case. However, in light of the shock level of the accident of this case, the evidence of this case alone is insufficient to accept it, and there is no other evidence to acknowledge it, and the above assertion is not accepted.

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, it is rejected that the parties' arguments are not stated separately.

(1) Personal information on the current status of the Plaintiff: The same shall apply to the statement in the “basic matters” in the attached Form for calculation of damages.

(2) the date of expiration of the term of lease and the date of expiration of the term of loan.

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