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(영문) 서울중앙지방법원 2017.11.30 2016가단5175703
손해배상(자)
Text

1. The Defendant paid KRW 17,688,098 to the Plaintiff and the Plaintiff 5% per annum from July 5, 2016 to November 30, 2017.

Reasons

1. Occurrence of liability for damages;

A. (1) On July 5, 2016, the Plaintiff driving a private taxi (hereinafter “Plaintiff”) around 22:00 on July 5, 2016, and moves bypassing from D tri-distance located in C within the Incheon Southern-dong Authority.

While the vehicle was stopped due to the body of the vehicle, the vehicle left behind by the numberless vehicle that was behind the vehicle (hereinafter referred to as the "Defendant vehicle").

(2) The Plaintiff suffered injury on the patrial coordinate, etc. in the instant accident.

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

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Gap 10 evidence 1 and 2, the purport of the whole 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 the insurer of the defendant vehicle.

C. Whether to limit liability or not, the defendant asserts that the plaintiff should limit liability of the defendant since the damage was caused by the failure of the safety level at the time of the accident of this case. However, there is no evidence to acknowledge the defendant's above assertion.

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the liability for damages shall be as follows, and in principle, the period for the convenience of calculation shall 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 reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

[Ground of recognition] Facts without dispute, entry of Gap6 through 9, results of each physical appraisal commission to the director of Seoul Medical Center of this Court, results of fact inquiry, significant facts, experience and purport of the whole pleadings

A. As stated in the “basic matters” list of damages calculation sheet in attached Form 1 of daily income (1) is as follows.

(ii).

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