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(영문) 서울중앙지방법원 2016.08.08 2012가단81805
손해배상(자)
Text

1. The Defendant paid KRW 5,549,693 to the Plaintiff KRW 5% per annum from July 26, 2008 to August 8, 2016.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) B: (a) around 04:18 on July 26, 2008, C Motor Vehicle at C (hereinafter “Defendant Motor Vehicle”).

ii)D passenger motor vehicles driving along and driving along the motor vehicle along the motor vehicle to port from the right side of the motor vehicle of the defendant in accordance with the signals from the Gu office distance in the border of Gwangju City, in violation of the signal at the Gu office distance in the border of Gwangju City, while driving along one lane from the side of the motor vehicle of the Gwangju City along the two lanes.

2) The instant accident was shocked (hereinafter referred to as “instant accident”).

(2) At the time of the instant accident, the Plaintiff was on board the back seat of the Plaintiff’s vehicle, and suffered injury, such as brain dead, due to an accident.

3) The defendant is an insurer who has entered into an automobile comprehensive insurance contract for the defendant vehicle. The defendant is an insurer who has entered into an automobile comprehensive insurance contract for the defendant vehicle. The ground for recognition is without any dispute, Gap 1, 5, and 7 evidence (including each number,

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 vehicle.

C. However, in full view of the overall purport of the evidence admitted earlier, the Plaintiff did not fasten the safety belt.

The plaintiff's mistake was caused by the occurrence and expansion of damages caused by the accident of this case.

Therefore, the defendant's liability is limited to 95% considering the plaintiff's negligence as 5%.

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 9,844,715 (1): Personal information of KRW 9,84,715: as stated in the “basic matters” list of damages calculation. 2).

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