(영문) 서울중앙지방법원 2015.12.22 2014가단5085387

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.12.22 2014가단5085387

손해배상(자)

Text

1. The Defendant: 5% per annum from May 19, 2013 to December 22, 2015 to Plaintiff A, and the following:

Reasons

1. Occurrence of liability for damages;

A. Fact 1) The defendant's vehicle D (hereinafter "Defendant's vehicle")

2) On May 19, 2013, E, while under the influence of 0.205% of alcohol level around 03:10 on May 19, 2013, 3: (a) drive the Defendant’s vehicle (Ma1); and (b) drive the Defendant’s vehicle (Ma1) at the 0.205% of 0.205% of the alcohol level; and (c) drive the G taxi (Ma2; hereinafter referred to as “damage taxi”) from 4:0 to 2:0 Ga-ro, Jung-gu, Seoul, along the two-lanes from 140-7, 3:4:0 Ga-ro, Ga-ro, Ga-ro, Ga-ro, Ga-ro, 140-7, Ga-ro, Ga-ro, and

(hereinafter “instant accident”). As a result, the Defendant’s vehicle has a little number plate, and the Defendant’s vehicle has a little damage to the extent that the damaged taxi is partially off.

[Ground for Recognition: Facts without dispute, Gap evidence 2, 6, Eul evidence 1, the purport of the whole pleadings]

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiff A due to the accident of this case as an insurer.

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 discount method that deducts the interim interest calculated at the rate of 5/12 per month.

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

(1) Personal information of Plaintiff A: The same shall apply to the entry in the column for “basic matters” in the attached Form for calculation of damages: 2) Income and operating period: The Plaintiff asserts that, on January 22, 2013, the Plaintiff has income of KRW 3,007,50 per month on the basis of the wage from January 2013 to April.

However, it is difficult for the defendant to believe his income, and the monthly salary statement and the details of passbook.

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