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(영문) 서울중앙지방법원 2015.05.08 2013가단5161116
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. The facts of recognition (1) B driven a vehicle C (hereinafter “Defendant vehicle”) around 11:55 on December 13, 201, and concealed the D vehicle of the Plaintiff’s driving that was driven by the vehicle in the direction of both sides in the direction of both sides from the flood control point of view, with two lanes in the direction of both sides, while driving the vehicle in the direction of both sides.

(hereinafter referred to as “instant accident”). The Plaintiff sustained an injury, such as cryp dump, etc., due to the said accident.

(2) The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, and 3, 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 asserts that at the time of the accident of this case, the plaintiff could not wear the safety belt, but there is no evidence to prove that there is no other evidence to prove the plaintiff's negligence.

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: The amount of damages shall be as stated in the column for “basic matters” in the attached Form.

(2) Income and operating period: Urban daily wage, after 22th day of each month, loss of labor capacity of 2.3% due to the escape of 4-5 protruding signboards from the latter disability (A) at the rate of loss of labor capacity of 4-5 of the latter disability, and one year after the water surface [Article 5 of E-A (Vocational coefficient 5), but contribution to the retirement of the Plaintiff due to the change of the Plaintiff’s retirement.

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