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(영문) 인천지방법원부천지원 2015.10.30 2013가단9323
손해배상(자)
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from August 15, 201 to October 30, 2015.

Reasons

1. Occurrence of liability for damages;

A. On August 15, 201, at around 01:00, the Defendant: (a) driven a Cmaz car (hereinafter “Defendant vehicle”); and (b) opened a street crossing at the road located in the 1030-dong, Seocheon-si, Seocheon-si, Seocheon-si, the Defendant: (c) concealed the Plaintiff’s bicycle running in the front section of the Defendant’s apartment in front of the Defendant’s vehicle, driving in the front section; and (d) sustained the Plaintiff’s injury, such as the mar, stove, stove, and stove for the right direction.

(hereinafter referred to as “instant accident”). 【No dispute exists, entry in Gap evidence 1-1, 2-1, 2-1, 1-2, and 1-1 and 2

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the accident of this case as the driver of the defendant vehicle.

C. Comprehensively taking account of the overall purport of the arguments in the statement in subparagraphs 1-1 and 2-1 and the limitation of liability, the Plaintiff, who operated two lanes within an intersection where the change of the vehicle cannot be made, could not be operated at a relatively low speed, was negligent in proceeding close to the first lane in the direction of the Defendant’s vehicle, which caused the instant accident. Therefore, it is reasonable to limit the Defendant’s liability ratio to 90% in light of the principle of fairness and the overall circumstances related to the instant accident.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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.

It shall be rejected that the parties' arguments are not separately explained.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3, 5, 6, and 8 (including each number in the case of additional number), this Court's entrustment of physical examinations to the Director of the Incheon University University Hospital, the result of fact inquiry, and the purport of the whole pleadings

(a)on-site imports 1.

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