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(영문) 서울북부지방법원 2017.09.08 2016가단17108
손해배상(자)
Text

1. The Defendant’s KRW 25,925,586 as well as the annual rate of KRW 5% from September 7, 2015 to September 8, 2017 to the Plaintiff.

Reasons

1. Facts of premise;

A. At around 16:30 on September 7, 2015, B driven a bus, the insured vehicle of the Defendant (hereinafter referred to as “Defendant vehicle”), and reached the 575 Silsan-si Silsan-si Silsan-si (hereinafter referred to as “Defendant vehicle”) with a view to a 575 Silsan-si Silsan-si (hereinafter referred to as the “Defendant vehicle”), and the Plaintiff was running a bicycle near

B. The Defendant’s vehicle, after the left turn at the above intersection, proceeds rhythm from the first line to the second line, and rhythm on the right side of the Defendant’s vehicle, left the said bicycle kym on the edge of the road between the second line and India.

(See attached Form). (c)

The plaintiff got together with the above bicycle (hereinafter referred to as the "accident of this case"), and the plaintiff suffered injury, such as dives, fluences, 4-5, fluor, fluoral, fluoral and tension, which require approximately 12 weeks of treatment due to the above accident.

[Ground of recognition] The facts without dispute, Gap 1-3 evidence (including more than one number), the purport of the whole pleadings

2. Determination

A. According to the premise of the occurrence of liability for damages, the instant accident occurred due to the full negligence of the Defendant’s driver who violated the duty of care on the left while making a left-hand turn and the duty of care on duty, such as securing safety distance with the preceding vehicle. Thus, the Defendant is liable to compensate for the damages suffered by the Plaintiff as the Defendant’s mutual aid business operator, and the Defendant’

(b) The period of time for calculating the scope of liability for damages shall, in principle, be calculated on a monthly basis, but less than the last month and less than the last won shall be discarded, and the current value at the time of the accident shall be calculated on a yearly basis by a simple discount method which deducts intermediary interest at the rate of 5/12 per cent per month.

On the other hand, it seems that the parties' arguments were rejected separately.

(1) The Plaintiff’s average monthly income of KRW 2,00,000,000 around the date of the instant accident.

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