logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.11 2017가단5233873
손해배상(자)
Text

1. The Defendant’s KRW 33,54,045 as well as 5% per annum from February 24, 2017 to July 11, 2019 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D vehicles around 04:50 on February 24, 2017 (hereinafter “Defendant vehicles”).

(B) while driving the vehicle and passing the intersection in front of Jongno-gu Seoul Metropolitan City E, the front back part of the Franchisa taxi vehicle, which had been passing the intersection in accordance with the ongoing signal, was shocked (hereinafter “instant accident”).

(2) At the time of the instant accident, the Plaintiff suffered injury, such as the duplicating duplic duplic duplic duplic duplic duplic duplic duplic duplic duplic duplic duplic, etc.

3) The defendant is an insurer who has entered into an automobile comprehensive insurance contract against the defendant vehicle. The defendant is an insurer who has entered into an automobile comprehensive insurance contract for the defendant vehicle. The fact that there is no dispute about the ground for recognition, Gap's 2, 3, Eul's 3 and 4 (each entry

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant’s vehicle.

C. The defendant asserts that the judgment on the limitation of liability should be taken into account in calculating the amount of damages to be compensated by the defendant, since it is presumed that the plaintiff failed to wear the safety belt in light of the plaintiff's injury level or degree.

However, the evidence submitted by the Defendant alone is insufficient to readily conclude that the Plaintiff failed to wear the safety belt at the time of the instant accident, and there is no other evidence to acknowledge it, and the Defendant’s assertion on this part is rejected

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 amount of damages shall be calculated at the rate of 5/12 per month.

arrow