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(영문) 서울중앙지방법원 2013.02.15 2009가단485100
손해배상(자)
Text

1. The Defendant’s KRW 5,729,591 as well as 5% per annum from December 19, 2006 to February 15, 2013 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The grounds for responsibility (1) B driven a vehicle C (hereinafter “accidented vehicle”) around 14:30 on December 19, 2006, and got the Plaintiff, who was boarding a taxi in the front seat of the taxi due to shocking the taxi that was parked in the signal signal line at the front seat of the Seoul Gwangjin-gu Seoul Special Metropolitan City, while driving the road near the locking bridge.

(2) The Defendant is an insurer of the comprehensive motor vehicle insurance contract for the motor vehicle involved.

(3) According to the above facts, the defendant is liable for damages suffered by the plaintiff as the insurer of the comprehensive motor vehicle insurance contract for the motor vehicle involved.

B. Limit of liability: (a) the Plaintiff, as the Plaintiff, was negligent in not wearing a safety belt while boarding the back seat of the taxi; and (b) such error was the cause of the occurrence or expansion of the damage caused by the instant accident.

Therefore, the defendant's liability is limited to 95% by taking this into account.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence 1, 2-1, the purport of the whole pleadings

2. The portion not separately described below the scope of liability for damages shall be as shown in the attached Form of Calculation of Compensation for Damages.

(Calculation convenience less than won and less than the month of the last month shall be discarded, and the present price of the damages shall be calculated at the time of an accident at the time of an accident shall be calculated at the rate of 5/12 per month, and the simple interest rate shall be calculated at the rate of 5/12 per month. It shall be rejected that the parties’ arguments are not separately explained.

Actual income: It shall be as shown in the attached Form of Damage Calculation sheet.

(1) The plaintiff has operated a book store from February 1993 to the time of the accident in Gwangjin-gu Seoul Special Metropolitan City from February 1993 to the time of the accident as the city daily wage of the ordinary part of the income and operating period until he reaches 60 years of age. Thus, in calculating the lost income, the plaintiff is a sales employee, who is a statistical income of a female with more than 10 years of age.

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