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(영문) 서울중앙지방법원 2015.12.08 2013가단331675
손해배상(자)
Text

1. The Defendant’s KRW 2 million and the Plaintiff’s following day from March 22, 2008 to December 8, 2015, respectively.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant is the Defendant’s vehicle B and C ready-mixed (hereinafter “Defendant’s vehicle”).

(2) On March 22, 2008, B entered into a comprehensive automobile insurance contract with respect to the automobile. A) On March 22, 2008, the part of the D vehicle driven by the Plaintiff (hereinafter “Plaintiff”) which was going on the fourth line while driving the Defendant vehicle along the third line of the fourth line among the fourth lines in the city of Shicheon-si. In the fourth line, the part of the D vehicle driven by the Plaintiff, which was going on the fourth line (hereinafter “Plaintiff vehicle”) was shocked with the front wheel and even door by the front wheel of the right edge of Defendant vehicle.

(3) On March 31, 2008, the Plaintiff was diagnosed with brain-dead, salvine and salvine salvines at E Hospital on March 31, 2008 (hereinafter “instant accident”). 【Ground for recognition: Facts without dispute, Gap’s evidence Nos. 1, 2, 3, 1, and Eul’s evidence No. 1, and the purport of the entire pleadings.

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

C. Prior to the limitation of liability, the Plaintiff erred by failing to pay attention to the change of the tea prior to the occurrence of the instant accident, and the Defendant’s liability is limited to 70%, as such error was caused by the instant accident.

(30% of the plaintiff's fault ratio) 2. The same item shall be the same as the corresponding item of the attached Table of the calculation of damages, and the period for the convenience of calculation shall, in principle, 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) The Plaintiff’s personal information: 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 urban daily wage of the ordinary worker and the monthly number of working days.

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