logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2019.02.26 2018가단53364
손해배상(자)
Text

1. The Defendants jointly share KRW 100 million with respect to the Plaintiff and 5% per annum from August 27, 2017 to November 1, 2018.

Reasons

1. Occurrence of liability for damages;

A. In fact, around August 19:35, 2017, Defendant B driven a DFD car owned by the Defendant C (hereinafter “instant car”) and proceeded two-lanes of the two-lane two lanes in front of the 3-lane of the construction site of the Chuncheon-si E apartment construction site from the F Alley bank to the G bank. Defendant B was shocked from the right side of the car driving direction to the road to the Plaintiff by shocking the Plaintiff who started to collapse from the right side of the car driving direction to the road.

(See attached Form No. 3, 2, and 3 (including virtual numbers), Eul evidence No. 1, 2, and 3, and the purport of the entire pleadings, without dispute (see attached Form No. 4, hereinafter referred to as "instant accident").

B. Defendant B is a driver of the instant passenger car, and Defendant C is jointly liable for damages incurred by the Plaintiff due to the instant accident as an operator under the Guarantee of Automobile Accident Compensation Act.

2. According to the evidence held prior to the limitation of liability for damages, the Plaintiff may recognize the fact that the Plaintiff was involved in the instant accident while crossing a two-lane road at night.

In calculating the amount of damages of this case, the Plaintiff’s negligence is considered, and the Defendants’ liability is limited to 75% of the total amount of damages.

3. 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 current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

Plaintiff’s personal information 1) Personal information: The same shall apply to the description in the “basic matter” list for calculation of damages in attached Form 2. (2) The name of lease and the date of termination of life expectancy: The Plaintiff’s disability due to the instant accident may exceed 7% of the normal person based on the appraisal date of the instant case.

arrow