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(영문) 서울중앙지방법원 2017.11.24 2016가단5277487
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are as follows: B around 11:30 on March 26, 2016, C Costaex van (hereinafter “Defendant vehicle”).

) When driving a vehicle and driving along the intersection 46 73 degrees from the airport of Gangseo-gu Seoul Metropolitan Government to the intersection of Gangseo-gu Office, without temporarily stopping from the red on-and-off signals, the front part of the motor vehicle in front of the motor vehicle for the defendant is shocked with the front part of the motor vehicle for the defendant (hereinafter referred to as the "accident of this case") that is facing the said intersection to the port from the right side of the running direction of the defendant vehicle, according to the yellow flashing signal.

2) 2) The Plaintiff, who was on the top of the steering force of Defendant vehicle due to the instant accident, was injured by the crupt and the crupted salt.

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with the Defendant’s vehicle. The Defendant is an insurer who entered into an automobile comprehensive insurance contract. The fact that there is no dispute over the grounds for recognition, Gap evidence 1, Eul evidence 2-3,

B. According to the above recognition of liability, the Plaintiff, who was a passenger due to the operation of the Defendant’s vehicle, sustained the injury, barring special circumstances, the Defendant is liable to compensate the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle.

C. The Defendant asserts that the above negligence should be taken into account in calculating the amount of damages that the Defendant would compensate for because the Plaintiff did not wear the safety labelling at the time of the instant accident, but there is no evidence to deem that the Plaintiff did not wear the safety labelling at the time of the instant accident. Therefore, the Defendant’s assertion is without merit.

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 current value of damages at the time of the accident shall be calculated.

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