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(영문) 서울중앙지방법원 2015.09.25 2014가단5292949
손해배상(자)
Text

1. The Defendant’s KRW 30,000,221 as well as the Plaintiff’s annual rate from January 24, 2014 to September 25, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B, around 19:45 on January 24, 2014, driving a 1 ton of C 1 ton and driving on the 39th road near T. B in the vicinity of the T.S. non-f. surface in the e.g., the front part of the Plaintiff’s driving, which was temporarily stopped as the body of the vehicle, was received as the front part of the said vehicle, while driving on the e.g., the e., the vehicle of the Plaintiff’s driving, who was under a temporary stop as the body of the vehicle, was received as the rear part of the said vehicle. As a result, the Plaintiff sustained injury, such as the e.g., the escape from the e., the vehicle of the Plaintiff’s driving. (hereinafter “the instant accident”).

(2) The Defendant is an insurer who entered into an automobile comprehensive insurance contract regarding the foregoing tower.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of the whole pleadings]

B. According to the above facts of recognition of liability, B neglected the front-time watch and did not secure the safety distance properly, due to negligence that failed to accurately operate the brake system, and unilaterally received the Plaintiff’s driver’s vehicle standing on the front-round bank, and thus, the Defendant, the insurer, is liable to compensate for the damages suffered by the Plaintiff due to the instant accident.

C. According to the facts established prior to the limitation of liability, there is no reason to limit the defendant's liability.

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.

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

Personal information 1) Personal information: entry in the column for “basic matters” in the attached Form for calculation of damages: 2) Income and operating period A: Each entry in the evidence Nos. 6, 7-1, 2, and 12.

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