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(영문) 서울중앙지방법원 2020.01.09 2018가단5211863
손해배상(자)
Text

1. The Defendant’s KRW 56,417,013 as well as 5% per annum from May 25, 2017 to January 9, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) On May 25, 2017, C is a D passenger vehicle at D around 17:50 on May 25, 2017 (hereinafter “Defendant vehicle”).

(B) While driving a vehicle and driving in front of the entrance of the Eunpyeong-gu Seoul E market, the part of the Plaintiff’s body crossing the crossing from the left side of the Defendant vehicle to the right side was shocked by the left side of the Defendant vehicle (hereinafter “instant accident”).

). 2) 이 사건 사고로 인하여 원고는 대뇌 타박상, 외상성 거미막하 출혈, 외상성 경막하 출혈, 외상성 뇌내 출혈, 상세불명의 수두증, 폐쇄성 경, 비골 골절, 엄지 발가락의 개방성 골절, 발의 으깸손상 등의 부상을 입었다.

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 evidence Nos. 1 through 3, and 13 (

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. Restrictions on liability, however, the Plaintiff, as well as the Plaintiff, should observe the pedestrian signal and cross the road using the crosswalk, was erroneous in crossing the vehicle traveling signal by walking along the intersection without permission as follows. Since the Plaintiff’s error contributed to the occurrence of the instant accident and the expansion of damages, the Plaintiff’s fault shall be considered as 40% in calculating the amount of damages to be compensated by the Defendant, and the Defendant’s responsibility shall be limited to 60% in calculating the amount of damages.

2. In addition to the matters stated below within the scope of liability for damages, it is identical to each corresponding item of the annexed Table 1 for 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 at source.

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