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(영문) 서울중앙지방법원 2021.01.15 2018가단5222474
손해배상(자)
Text

1. The Defendant’s KRW 95,493,314 as well as the Plaintiff’s KRW 5% per annum from April 11, 2018 to January 15, 2021.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C, around 20:40 on April 11, 2018, driving a D SP car (hereinafter “Defendant”) and driving along the three-lanes between the four-lanes of the E in the vicinity of the Gu E while he was aware of while driving his car, and driving along the four-lanes in the course of changing the course into the four-lanes (hereinafter “the instant traffic accident”). The Plaintiff suffered an injury, such as the instant accident, the f.m., the left top, due to the instant accident.

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

【Unfounded grounds for recognition】 Facts without dispute, Gap’s entries or videos, and the purport of the whole pleadings

B. According to the above recognition of liability, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff was injured by the operation of the Defendant’s vehicle.

(c)

However, according to the evidence mentioned above, the plaintiff was negligent in neglecting the duty of the previous week as the plaintiff.

Therefore, the defendant's liability is limited to 70% by taking this into account in calculating the amount of damages that the defendant should compensate.

2. Except as otherwise stated below within the scope of liability, each item of the Schedule for Calculation of Compensation Amount for Attached Damage shall be the same as that of the corresponding item, 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 governed by the discount law that deducts the interim interest at the rate of 5/12 per month.

In addition, it is the purport of rejecting all the arguments of the parties, which are not separately explained by the parties.

【Unfounded Grounds for Recognition】less of dispute, Gap evidence Nos. 4 and 5, Eul evidence Nos. 1, and Eul evidence No. 1, the result of physical appraisal commission to G hospital heads of this court, significant facts, experience and whole pleadings.

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