(영문) 서울중앙지방법원 2015.12.22 2013가단5162508

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(영문) 서울중앙지방법원 2015.12.22 2013가단5162508

손해배상(자)

Text

1. The Defendant’s KRW 18,330,98 for the Plaintiff and the following: 5% per annum from January 31, 2013 to December 22, 2015 for the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant’s vehicle B, as the Plaintiff, shall be the Defendant’s vehicle B, and the Defendant’s vehicle.

2) On January 31, 2013, C driving the Defendant vehicle at around 04:20 on January 31, 2013, and driving the Defendant vehicle at the speed of 60 km/h in Suwon-gu D, Suwon-si, and driving the Defendant vehicle at a speed of about 10 km/h with the speed of 125 km/h above the Defendant vehicle at the speed of 125 km. The Plaintiff driving the Defendant’s unregistered 125 cc test ray and driving the Defendant vehicle at the speed of 51 to 60 km/h, one way among the two-lanes, but receiving the Plaintiff’s left part of the Defendant vehicle at the speed of 51 to h of the Defendant vehicle.

(3) Due to the instant accident, the Plaintiff suffered an impact on the part of the executives who set up against the right to the right, such as a subdivision of the aggregate of the executives who set up against the right. [Ground for recognition: the fact that there is no dispute, Gap’s evidence Nos. 1, 2, 9, 12, and Eul’s evidence No. 3, and the purport of the entire 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.

C. Although the limitation of liability is limited, C’s fault, which did not pay due attention to the suitable vehicle, was large, but the Plaintiff also did not prepare for the vehicle that was driven by using the test wheel in the night to turn to the left at night. Such error was caused by the instant accident and the expansion of damage, and thus, the Defendant’s liability is limited to 75%.

(2) Except as otherwise stated below within the scope of liability for damages, the relevant item of the attached Table of the calculation of damages shall be the same as the corresponding item of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 1 shall be discarded.

The amount of damages shall be calculated at the rate of 5/12 per month and the interim interest shall be deducted.

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