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(영문) 광주지방법원 목포지원 2018.11.28 2016가단2046
손해배상(자)
Text

1. The Defendant’s KRW 1,048,013,90 for the Plaintiff and KRW 5% per annum from November 25, 2014 to November 28, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 06:40 on November 25, 2014, driven a CA car (hereinafter “Defendant vehicle”) and went beyond the front part of the Defendant’s vehicle, while making the left-hand turn from the front side of the E entertainment tavern located in D at the time of the No. Day Hospital to the right-hand right-hand turn from the front side of the E entertainment tavern located in D at the time of the No. Day Hospital.

(2) The Plaintiff suffered from an injury, such as an external wound, due to the instant accident.

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

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 9, 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 an insurer of defendant vehicle.

C. However, according to the overall purport of each of the above evidence and evidence No. 10 evidence and evidence No. 10 and the argument, the plaintiff is under the influence of alcohol, and there is an error of walking without properly examining the surrounding traffic conditions of the defendant's vehicle, etc., and such error was caused by the occurrence of the accident of this case and the expansion of damage. Thus, the defendant's responsibility is limited to 90% in consideration of these circumstances.

2. In addition to the matters stated below within the scope of liability for damages, each of the corresponding items of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated monthly, 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.

(1) Personal information: Attached Form 1 of the damages calculation sheet shall be as stated in the column for “basic matters”.

The plaintiff's name of the term of lease is 10 years more than normal.

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