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(영문) 서울중앙지방법원 2019.09.27 2018가단5182095
손해배상(기)
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 3,464,058 and as a result, from June 18, 2016 to September 27, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant C, by driving a bicycle on June 18, 2016 and driving the bicycle, shocked the Plaintiff who was driving a bicycle on the opposite lane by neglecting speed at the time of driving a bend slope part at the right angle of the bicycle lane located in the Hanam-si Encouragement 287-1 (hereinafter referred to as the “instant traffic accident”).

2) The Plaintiff sustained an injury, such as salt dynasium, tension, etc. due to the instant traffic accident.

3) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

) The insured is the insurer that made the insured as Defendant C, and that the insured is liable for damages incurred by the insured due to an unexpected accident attributable to his daily life. The fact that there is no dispute over the grounds for recognition, entry in Gap evidence 3, and the purport of the whole pleadings.

B. According to the facts of recognition of liability, Defendant C is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident, inasmuch as Defendant C violated the central line by negligence, which did not reduce speed, despite the duty of care to prevent accidents in advance, even though there was a duty of care to prevent accidents in advance.

In addition, as long as the defendant C is held liable, the insurer is jointly and severally liable with the defendant C for the damage inflicted on the deceased and the plaintiff due to the accident in this case.

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 the purport of rejecting all the arguments of the parties, which are not separately explained by the parties.

【Ground of recognition】 dispute.

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