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(영문) 서울남부지방법원 2018.09.20 2017가단225682
손해배상(자)
Text

1. The Defendant’s KRW 151,68,819 as well as the Plaintiff’s KRW 5% per annum from December 9, 2015 to September 20, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition B, on December 9, 2015, driven a C vehicle (hereinafter “Defendant vehicle”) around 18:35 on December 18, 2015, went into a two-lane road in front of the Hanjin Dok-ri 17 National Road, the 00 U.S. J. J. J. Dok-ri 17, which was approved, along the two-lanes of the J. J. J. J. J. Dok-ri Dok-ri, the Defendant, who was walking along the said vehicle in the same direction, was shocked into the front part of the Defendant vehicle.

(hereinafter “instant accident”). The Plaintiff suffered injury, such as cerebral cerebral cerebral injury, less than emeral emeral damage, and cerebral cerebral emeral emeric emeric emeral

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

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 8, Eul evidence 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff as the insurer of the defendant vehicle.

C. The limitation of liability: (a) the Plaintiff was negligent by walking along the lane at night in which the view of the city is limited; (b) the Plaintiff’s negligence appears to have caused the instant accident and the expansion of damages; and (c) other circumstances such as the background of the instant accident and the degree of damage, etc., it is reasonable to limit the Defendant’s liability for damages to 75%.

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.

The parties' arguments are not stated separately.

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