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(영문) 서울중앙지방법원 2016.09.30 2014가단189598
손해배상(자)
Text

1. The Defendant’s KRW 265,282,889 as well as the Plaintiff’s annual rate from October 24, 2013 to September 30, 2016.

Reasons

1. Occurrence of liability for damages;

A. At around 02:20 on October 24, 2013, Category B (hereinafter “Defendant vehicle”) is a “Defendant vehicle.”

) While driving a vehicle and driving an emergency runway of which 253 U.S. is running along the parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel, the Plaintiff, who walked the road to port from the right side of the Defendant vehicle without permission, shocked the Plaintiff to the front side of the Defendant vehicle, resulting in the Plaintiff’s injury, such as blood transfusion, etc. (hereinafter “instant accident”).

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

[Ground of recognition] Facts without dispute, Gap 1 through 5, 15 through 19, Eul 3, 4, and 6 (including provisional numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability: (a) the Plaintiff was at night at fault, while under the influence of alcohol, and the Plaintiff’s negligence is deemed to have caused the occurrence and expansion of the instant damages; (b) therefore, it is reasonable to limit the Defendant’s liability to 60% by taking account of this, since the Plaintiff’s negligence of crossing three lanes without permission.

(40% of the plaintiff's fault ratio). 2. Except as stated separately below the scope of liability for damages, each item of the annexed Table 1 of the amount of damages calculation shall be the same as the corresponding item, 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 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.

Personal information 1) Personal information: as stated in the “basic matters” list of the amount of damages calculated in attached Form 1, 2) income and operating period:

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