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(영문) 서울중앙지방법원 2018.10.26 2018가단5016891
손해배상(자)
Text

1. Of the plaintiff's lawsuit, the part demanding 2,051,640 won shall be dismissed.

2. The Defendant’s 44,714.

Reasons

1. Occurrence of liability for damages;

A. 1) On May 1, 2014, C is a D vehicle located in the East orchard street located in Suwon-gu, Suwon-si around 10:30 on May 1, 2014 (hereinafter “Defendant vehicle”).

2) In the event that the Plaintiff, while driving on a road, neglected the duty of the front-distance watch, caused the Plaintiff to shock the Plaintiff on the crosswalk, and thereby, caused the Plaintiff to incur the injury of the relevant salted base, etc. (hereinafter “the instant accident”).

(2) The Defendant is an insurer who concluded an insurance contract with respect to the Defendant’s vehicle.

B. According to the above facts, the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident as the insurer of the Defendant’s vehicle.

C. Since the Plaintiff neglected the duty of care to confirm the operation of the surrounding vehicle by cutting the crosswalk without signal lights, such negligence by the Plaintiff has contributed significantly to the occurrence of the instant accident and the expansion of damage, it shall be taken into account. However, in light of the various circumstances shown in the pleading, the Plaintiff’s negligence shall be deemed 20%, and the Defendant’s liability shall be limited to 80%.

[Ground for recognition] Unsatisfy, Gap evidence 2, the purport of the whole pleadings

2. The scope of liability 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.

[Reasons for Recognition] Unsatisfy, Gap evidence 4, the result of the physical appraisal commission to the head of E Hospital, significant facts, experience and purport of the whole pleadings

(a) Personal information 1): Fborn women, income and operating period on July 11, 2051 at the end of the life expectancy: the urban daily wage (22th day of each month) of ordinary people, and the remaining disability and working period;

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