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(영문) 서울중앙지방법원 2015.07.23 2013나20983
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant’s Intervenors KRW 5,729,591 and this shall apply to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 14:30 on December 19, 2006 (hereinafter “accidentd vehicle”) B

) While driving his/her vehicle and driving his/her road near Jinyang-dong Seoul Special Metropolitan City, he/she saw a taxi which was parked in the front direction of the signal line in the front direction, and caused the Plaintiff, who was on the rear seat of the said taxi, to suffer injury, such as the escape certificate of the conical signboard between No. 4-5-6-7 of the Gyeongyang-dong Seoul Special Metropolitan City (hereinafter referred to as “instant accident”).

2) The Defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the accident vehicle.

3) On May 3, 2013, a defendant intervenor acquired all rights and obligations of the defendant under Article 14(2) of the Act on the Structural Improvement of the Financial Industry, and participated in the defendant on May 22, 2013, which was after the filing of an appeal. [The purport of the whole pleadings and arguments, including facts without any dispute over grounds for recognition, Gap evidence 1, and evidence 2-1, are as follows.

B. According to the above facts of recognition, the defendant-appellant is responsible for compensating the plaintiff for the damages caused by the accident of this case.

C. Defendant number intervenor asserts that the Plaintiff did not wear safety belts, and thus, the Plaintiff’s negligence should be considered. However, it is insufficient to conclude that Defendant number intervenor did not wear safety belts at the time of the instant accident solely on the ground that the Plaintiff was faced with the head of the steering team located in front of the seat where the Plaintiff was seated. There is no other evidence, and thus, Defendant number intervenor’s above assertion is rejected.

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.

(a) Personal information for lost income: Attached Form 1;

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