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(영문) 서울중앙지방법원 2016.01.27 2013가단85392
손해배상(자)
Text

1. The Defendant’s KRW 500,000 to Plaintiff B’s 5% per annum from November 21, 2009 to January 27, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. On November 21, 2009, the Plaintiff A driven a C Vehicle (hereinafter “Plaintiff”) around 14:55 on November 21, 2009, resulting in an injury due to drilling by a vehicle E (hereinafter “Defendant”) while stopping on the Incheon Gyeyang-gu Road.

(hereinafter referred to as the "accident of this case").

Plaintiff

B is the mother of the Plaintiff A, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle.

C. Since the instant accident occurred due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. The following facts within the scope of the liability for damages may be acknowledged either in dispute between the parties, or in full view of the evidence Nos. 1 through 16, evidence Nos. 2 and 7, each of the physical appraisal of the president of the Central University Hospital and Samsung Seoul Hospital, and the results of the fact inquiry, and the whole purport of the arguments

(Calculation's convenience period 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 of the amount of damages shall be in accordance with the fractional interest rate which deducts the interim interest at the rate of 5/12 per month. And it shall be rejected that the parties' arguments do not separately provide for.

Personal information on daily income: The urban daily wage and the monthly average working days of 22 years: Until the date when the insured reaches the age of 60: The insured worker A was hospitalized at G Hospital from the date of the instant accident to November 23, 2009; from November 23, 2009 to December 11, 2009; The insured worker A was hospitalized at Gangnam-gu Hospital from Gangnam Dobro Hospital for the period from November 23, 2009 to December 11, 2009. For convenience, the insured worker A is deemed to have lost the labor capacity of 10% for a month from the date of the instant accident.

Plaintiff

A shall be the sporadic sporadic sporadic sporadity from G Hospital sent immediately after the accident.

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