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(영문) 서울중앙지방법원 2016.01.08 2013가단5005483
손해배상(자)
Text

1. The Defendant’s KRW 170,222,99 as well as the Plaintiff’s annual rate from December 22, 201 to January 8, 2016.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a vehicle C around 11:05 on December 22, 2011 (hereinafter “Defendant vehicle”).

) While driving a vehicle and driving a road near the Yyang-dong-dong-dong-dong-gu in the direction of flying a flying distance from the surface of the scongwon-do to turn to the left at the distance of schill, the Plaintiff’s driver, who was directly in the opposite direction, was faced with the Plaintiff’s injury, such as the lower part of the body at the bottom of the sckele-dong-dong-dong-dong (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 1, 2, and 7 (if available, the number shall be included; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

B. According to the fact of recognition of liability, the defendant, who is the insurer of the defendant vehicle, is liable for the damages incurred by the plaintiff due to the accident of this case.

C. However, the Plaintiff violated the duty of care to temporarily stop or stop in the course of passing through the intersection, and the Plaintiff breached its duty of care to examine the traffic situation well, and such error is deemed to have caused the occurrence of the instant accident and the expansion of damages. Therefore, the Defendant’s liability is limited to 80%, taking this into account.

Meanwhile, although the Plaintiff did not wear a safety cap at the time of the instant accident, the part damaged by the Plaintiff does not seem to have expanded the damage due to the failure to wear a safety cap as a bridge, and thus, it does not take into account the grounds for limitation of liability.

2. In addition to the matters stated below within the scope of liability for damages, each item of the annexed Table 1 for the calculation of damages, and the period for the convenience of the calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

And the parties' arguments.

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