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(영문) 서울중앙지방법원 2016.01.27 2013가단338560
손해배상(자)
Text

1. The Defendant’s KRW 15,803,432 as well as the Plaintiff’s annual rate from October 3, 2013 to January 27, 2016, and the following.

Reasons

1. Occurrence of liability for damages and limitation of liability;

A. On October 3, 2013, the Plaintiff driven the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”) on October 23:52, 2013, and driven the two-lanes of the underground vehicle prior to the entry into the Yeongdeungpo-gu Seoul Highway, Young-dong, Young-gu, Seoul Highway at the speed of 71km through 50km per hour, while driving the vehicle at the speed of 71km through 80km per hour, the Plaintiff sustained the injury, such as brain dust, light salt, etc., by shocking the back part of the driver’s seat of the Plaintiff’s vehicle, and driving the two-lanes at the speed of 31km to 41km to 50km.

(hereinafter referred to as the "accident of this case").

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

C. Since the instant accident occurred due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the Plaintiff for damages arising from the instant accident.

However, the Defendant’s responsibility is limited to 90% of the total damages, since it appears that if the Plaintiff had faithfully conducted safe driving while faithfully performing his/her duty in the front-in space, it could have prevented or reduced the damages caused by the instant accident.

[Grounds for recognition] Gap evidence Nos. 1 through 4, 9 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 2, the purport of the whole pleadings

2. Under the scope of compensation, the following facts do not conflict between the parties, or may be acknowledged by taking into account the overall purport of the arguments as a whole, as a result of the commission of physical appraisal of the Gap's evidence Nos. 3 through 8, 10 through 25, and Eul's evidence Nos. 3, as a result of the commission of physical appraisal of the head of the Hacheon National University, the head of the Gan National University Hospital

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of 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 reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, the parties' arguments are not stated separately.

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