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(영문) 서울중앙지방법원 2020.07.17 2019나62651
손해배상(자)
Text

1. Of the judgment of the court of first instance, 16,465,636 won against the Defendant and 13,465,636 won against the remaining Plaintiffs, respectively.

Reasons

1. The grounds for this part of the court’s liability for damages are stated in this part, the third side of the judgment of the first instance.

B. The part on recognition and limitation of liability is different from the corresponding part of the judgment of the court of first instance, except for the part on recognition and limitation of liability as follows. As such, it is cited by the main sentence of Article 420 of the Civil Procedure

B. Since I died due to the recognition of liability and the operation of the Defendant’s vehicle, the Defendant is liable to compensate for the damages caused by the instant accident.

However, according to the above evidence, it is recognized that I, while entering the intersection without a signal signal, did not temporarily stop or drive at the existing speed while leaving the intersection, and did not wear a safety cap.

The above negligence of I is deemed to have a significant cause for the occurrence of the accident of this case and the expansion of damages, and it is considered in determining the amount of damages to be compensated by the defendant, but in other words, the road where the accident of this case occurred, which is recognized by the evidence above, is an intersection where traffic is not controlled, and the width of the road where the defendant's vehicle passes is wider than that of the road where I driver's surface is passing through, and it is located on the right side, while I driver's O driver's O driver's O driver's O driver's O driver's O driver's O driver's right of priority over the intersection where the accident of this case occurred, but it is recognized that the Road Traffic Act grants priority to a vehicle that enters the ship of this case on the premise that I has performed temporary suspension or slowly duty of traffic at the time of entering the intersection, so the fact of prior entry should be remarkably restricted to 60%

2. In principle, the period of calculating the scope of liability for damages shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded;

The amount of damages at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 per month.

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