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(영문) 서울중앙지방법원 2015.12.17 2014가단171672
손해배상(자)
Text

1. The Defendant’s KRW 23,278,654 as well as the Plaintiff’s annual rate from September 25, 2012 to December 17, 2015.

Reasons

1. Occurrence of liability for damages;

A. In fact, around 21:20 on September 24, 2012, B: (a) driven a CK-bro, which is owned by Gyeongscar Co., Ltd., and driven a road in front of the Johwon Park, which is being handed over in Suwon-si in Suwon-si, in the direction of an outdoor music reception distance, toward the direction of the filial length park, the deep park, and the third party road; (b) the Plaintiff walking on the crosswalk without signal lights from the left side of the above vehicle, was shocked into the left side side of the above vehicle (hereinafter “instant accident”); and (c) thereby, the Plaintiff suffered injury, such as the Plaintiff’s impairment of the right side leg, the frame of the upper part, and the damage to the raw bomb.

The defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the foregoing motor vehicle driven by B.

[Evidence] Items 1, 2, 4, and 15 Nos. 1, 4, and 15 and the purport of the whole pleading

B. According to the facts found as above, since B was driving the above vehicle while causing the instant accident and thereby causing injury to the Plaintiff, the Defendant is liable for compensating the Plaintiff for the damages incurred by the instant accident.

C. The Plaintiff’s liability is limited to 85% of the Defendant’s liability, taking into account the aforementioned circumstances, inasmuch as the Plaintiff was negligent in walking along a crosswalk without signal lights at night, and failed to properly examine the movement of the vehicle.

(15%) 2. The scope of liability for damages is as shown in the attached Table of Calculation of Compensation for Damages, except as otherwise stated below.

(A) At the rate of 5/12 per month, the current price shall be calculated in accordance with the Hofmanial Calculation Act that deducts the interim interest at a simple interest rate, and the monthly below and below KRW 10 for the convenience of calculation shall be discarded) / [based on recognition] / In the absence of dispute, the entry of Gap, Gap, 9, 11, and 14, Eul No. 1, and the result of the physical examination by the court of this jurisdiction, the results of the physical examination by the head of the Gyeonghee

A. Personal information 1) Personal information: as stated in the “basic matters” list of the amount of damages calculated, 2) income and operating period:

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