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(영문) 서울중앙지방법원 2013.11.19 2012가단192521
손해배상(자)
Text

1. The defendant's KRW 55,68,066 and its amount shall be 5% per annum from February 24, 2009 to November 19, 2013 to the plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 20:17, Feb. 24, 2009, Category B: (a) a car for the SP site (hereinafter “Defendant vehicle”)

(i)A driver's license and stop on the right side of the E-cafeteria located in D, Jeju, while entering the road from Nanaeb to Medibane, with a view to driving on the right side of the E-cafeteria located in D, the driver's license and the driver's license and the driver's license and license of the driver's license and license of the driver's license and license of the driver's license and license of the driver's license and license of the driver's license and license of the driver's license and license of the driver's license and license of the driver's license and license

) The right side part of the Defendant’s vehicle was shocked into the left side part of the Defendant’s vehicle and caused the Plaintiff to suffer an injury, such as the left-hand pelle, etc. (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. Limit of liability, however, in light of the conflict between the defendant's vehicle and the plaintiff's vehicle, it seems that the defendant's vehicle has entered the road considerably and the collision occurred, and therefore, it is reasonable to limit the defendant's liability to 70% in consideration of the fair sharing of damages.

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, the parties' arguments are not stated separately.

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