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(영문) 서울중앙지방법원 2021.02.05 2019가단5018085
손해배상(자)
Text

1. The Defendant’s KRW 20,681,845 to the Plaintiff and KRW 5% per annum from December 30, 2016 to February 5, 2021.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with CNS (hereinafter “Defendant vehicle”).

2) Around 18:50 on December 30, 2016, D driven the Defendant’s vehicle, and driven by the Plaintiff, driving on the two-lane, straightened from the three-lanes of LG apartment distance, the straightened from 48-7, the straightened right-hand, left-hand, compared to the front part of the Defendant’s vehicle’s driver’s seat (hereinafter “the instant accident”). Around December 30, 2016, the Plaintiff suffered from injury, such as an injury, such as an external cerebrovascular, bovine spongiformiformiform, luminous bones, and upper malone’s mouth, face, satis, satching, satching, and left-hand neck.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 7, Eul evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, video (including cases with numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. Since the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the vehicle.

(c)

The plaintiff, while trying to go straight along the intersection, has been wrong at the right-hand left-hand turn in order to overtake the defendant's vehicle temporarily stopped.

Considering the overall circumstances, such as the current status of the road, the situation where a rain was found after sunset, the Plaintiff's wearing a safety mother, and the head part of his/her hair, the percentage of the Plaintiff's fault shall be 25%, and the Defendant's responsibility shall be limited to 75%.

2. Except as otherwise stated below within the scope of liability for damages, the calculation table of the amount of damage compensation in the annexed Form.

The period of the convenience of the calculation shall be calculated on a monthly basis, and the period of less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be governed by the simple interest discount law that deducts interim interest at the rate of 5/12 per month, and the amount to be deducted shall be the amount of damage.

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