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(영문) 서울중앙지방법원 2014.12.12 2012가단291411
손해배상(자)
Text

1. The Defendant: KRW 10,820,139 for the Plaintiff and KRW 5% per annum from November 3, 2009 to December 12, 2014.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B driven a vehicle C (hereinafter “Defendant vehicle”) around 18:20 on Nov. 3, 2009, and driven a road near the U.S. C (hereinafter “Defendant vehicle”) and was driving a vehicle in the vicinity of the U.S. C., Jung-gu, Seoul. In doing so, the Plaintiff was injured by escape, etc. from the escape of the Plaintiff’s D’s vehicle, which was stopped by the vehicle, at the same time.

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 2 (including a branch number if there is a branch number); hereinafter the same shall apply)

(ii) Nos. (i) and (ii), and the purport of the entire pleading

B. According to the above fact of recognition of liability, the defendant is liable for damages sustained by the plaintiff due to the accident of this case.

C. There is no evidence concerning the grounds for limiting the defendant's liability, in addition to the influence of the king, which seems below the limitation of liability.

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 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.

(1) Personal information: The amount of damages shall be as stated in the column for “basic matters” in the attached Form.

(2) The period of income and operation: The plaintiff served as the Grade 6 Institute of Medical Sciences affiliated with the Ethical Institute of Medical Sciences until he/she reaches the age of 60, based on his/her salary income.

B. The Plaintiff filed a claim based on the amount of benefits in 2011, and the amount of benefits in 2009 and 2010 prior thereto was less than that, thus, based on the amount of benefits in the corresponding year. Since then, the Plaintiff filed a claim based on the amount of benefits in 2011.

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