(영문) 서울중앙지방법원 2020.02.07 2018가단5007682

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(영문) 서울중앙지방법원 2020.02.07 2018가단5007682

손해배상(자)

Text

1. The Defendant’s KRW 1,096,438,229 as well as the Plaintiff’s KRW 5% per annum from June 1, 2016 to February 7, 2020.

Reasons

1. Occurrence of liability for damages;

A. On June 1, 2016, at around 20:10, C operated a D car (hereinafter “Defendant vehicle”) and left-hand in violation of the new subparagraph, while driving the Fmaart crossing in front of the Fmaart in the Gwangju Mine-gu, from the long-distance away side of the bank to the left-hand side of the government’s general office building, C received the front portion of the G car (hereinafter “Plaintiff’s vehicle”) passing the said intersection from the right-hand side to the left-hand side of the Defendant vehicle.

As a consequence, the plaintiff's vehicle is sealed to the right, and the taxi that was proceeding on the right-hand side of the plaintiff's vehicle conflict.

(A) The Plaintiff, who was on the back seat of the Plaintiff’s vehicle due to the instant accident, sustained the injury of the Plaintiff, such as sea water damage and spawn, etc. caused by the alley and the spawn.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract against the defendant vehicle.

【Ground of recognition】 The fact that there is no dispute or significant fact in the court, Gap 1 through 3, 11 (including each number; hereinafter the same shall apply), Eul 2 through 6, and the purport of the whole pleadings

B. The Defendant, the insurer, is liable to compensate for the damages caused by the instant accident, since the Plaintiff sustained the injury due to the recognition of liability and the operation of the Defendant’s vehicle.

However, according to the evidence Nos. 2, 3, and H’s results of the commission of engineering appraisal and the purport of the entire pleadings, it is recognized that the Plaintiff was negligent in failing to wear a safety level mark, and thus, the Plaintiff’s fault ratio contributed to the expansion of damages shall be 15%, and the Defendant’s responsibility shall be limited to 85%.

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;

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

The arguments of the parties are dismissed.

유사 판례

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