(영문) 서울중앙지방법원 2014.01.17 2012가단5145438

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크기(pt)

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.01.17 2012가단5145438

손해배상(자)

Text

1. The Defendant’s KRW 23,704,362 as well as the Plaintiff’s annual rate from January 5, 201 to January 17, 2014.

Reasons

1. Occurrence of liability for damages;

(a) Around 23:00 on January 5, 201, 201, B driven a motor vehicle of C A-to-purd, and proceeds from the direction of the hotel to be opened along the front road of Gwangjin-gu Seoul Special Metropolitan City.

At this time, B did not discover the plaintiff who was crossing the road on the right side from the left side of the course direction due to negligence of neglecting the duty of the Jeon bank and the left side of the road, and received the plaintiff as the front part of the said car, and caused the plaintiff to suffer injury, such as the internal part of the left side and the mination of the road.

(2) The defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the said car.

[Ground of recognition] Facts without dispute, Gap's 1 to 5, 12 to 21, Eul's 1 to 6 (including various numbers, if any) and the purport of the whole pleadings

B. According to the above facts of recognition of liability, the defendant is liable for all damages suffered by the plaintiff due to the accident in this case as an insurer.

C. However, according to the above evidence and the purport of the entire pleadings, the Plaintiff was negligent in crossing the three-lane main road without permission by starting a simple crossing that the pedestrian signal is changed to a red signal, and this was caused by the occurrence of the instant accident and the expansion of damages, thereby limiting the Defendant’s liability to 35%.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item 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 on a monthly basis, 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.

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