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(영문) 서울중앙지방법원 2016.08.08 2013가단293414
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a passenger car under the influence of alcohol at around 19:00 on October 28, 2012 (hereinafter “Defendant car”). B is a passenger car under the influence of alcohol at a 0.203% alcohol concentration in blood (hereinafter “Defendant car”).

2) The Plaintiff, while driving his vehicle and driving his vehicle, proceeded in the way D in front of the Seongbuk-gu, Sungnam-gu, Sungnam-gu, to the “Yongdong Elementary School” from the side of the “Songnam-gu, Sungnam-gu,” and shocked the Plaintiff (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as the Plaintiff’s failure to perform the duty of care on the left and right side, and the Plaintiff’s failure to perform the duty of care.

3) The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to the Defendant’s automobile. The Defendant is the insurer who has entered into an automobile comprehensive insurance contract. The fact that there is no dispute over the grounds for recognition, the evidence Nos. 1, 2, 3, 9, 10, 11 (including

B. According to the fact of recognition of liability, the Defendant is liable for damages sustained by the Plaintiff due to the instant accident as the insurer of the Defendant’s automobile.

C. The Defendant asserts that there was an error by the Plaintiff, even though the Plaintiff had well resided around the time of the instant accident, and the Defendant had avoided the Defendant’s car.

However, the evidence submitted by the defendant alone is insufficient to recognize the fact that the defendant violated the duty of care.

We cannot accept the defendant's argument.

2. Except as otherwise stated below within the scope of liability for damages, each corresponding item of the attached Table of Calculation of Compensation Amount.

In principle, the period for the convenience of the calculation 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 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.

Personal information of KRW 5,91,340 (1): Personal information of KRW 5,91: as stated in the “basic matters” list of the amount of damages calculated; 2) Income and operating period: By the 60 operating period, city ordinary by the 22th day of each month.

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