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(영문) 서울중앙지방법원 2016.06.23 2015가단5039459
손해배상(자)
Text

1. On May 4, 2014, at around 21:19, B passenger cars and C passenger cars are located on the roads near the Youngdong-gu Seoul Metropolitan Government.

Reasons

1. Occurrence of liability for damages;

A. 1) D is a passenger car at around 21:19, May 4, 2014 (hereinafter “Plaintiff’s car”).

B Passenger cars (referred to as “Defendant taxi” hereinafter) that was driven by driving a vehicle while bypassing it to the Hando-dong in the vicinity of Yeongdeungpo-gu Seoul Metropolitan City.

2) The instant accident was shocked (hereinafter referred to as “instant accident”).

(2) The Defendant who was on board the Defendant taxi due to the instant accident was injured.

3) The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to the Plaintiff’s automobile. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract for the Plaintiff’s automobile. The ground for recognition was without any dispute, Eul’s evidence 1 and 6

B. According to the facts of recognition of liability, the Plaintiff is liable for damages sustained by the Defendant due to the instant accident as the insurer of the Plaintiff’s automobile.

C. However, according to the evidence No. 4, the Defendant’s failure to wear the safety belt at the time of the instant accident can be acknowledged.

The plaintiff's mistake was caused by the occurrence and expansion of damages caused by the accident of this case.

Therefore, the defendant's negligence is limited to 95% of the plaintiff's liability by considering 5% of the defendant's negligence.

2. Except as otherwise stated below within the scope of liability for damages, each corresponding item of the attached Table of Calculation of Compensation Amount.

In principle, the period for the convenience of the calculation shall be calculated on a monthly basis, but the period of 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.

The daily income: 19,890,000 won: Personal matters: as stated in the “basic matters” list of the amount of damages calculated in the attached Table; 2) Income and operating period: By the 22th day of each month between the age of 60 and the 60th day of each month, the maximum working age, it shall be deemed that the Defendant could have earned the income equivalent to the daily wage of an ordinary urban person.

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