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(영문) 서울중앙지방법원 2017.12.20 2015가단5131584
손해배상(자)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 10,731,296 to the Defendant (Counterclaim Plaintiff) and its related amount from October 31, 2017 to December 20, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. Fact 1) C is the Defendant’s vehicle on December 27, 2014 (hereinafter “Defendant’s vehicle”) around 19:30 on December 27, 2014.

2) While driving Ha and driving Ha and driving Ha, while driving Ha and driving Ha and driving Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha

2) The Plaintiff suffered injury, such as a tent No. 2 and No. 3, due to the instant accident.

3) The defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to the defendant vehicle (based on recognition). The defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to the defendant vehicle (based on recognition), the fact that there is no dispute, Gap 1, 2, 5 through 7, Eul

B. According to the above facts, the defendant is liable for the damages suffered by the plaintiff as the insurer of the defendant vehicle.

C. The Defendant asserts that the responsibility should be limited because the Plaintiff did not fasten the safety belt. However, it is difficult to recognize that the materials submitted by the Defendant alone did not fasten the safety belt, and there is no other evidence to acknowledge it.

The defendant's assertion is not accepted.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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.

Personal information 1) Personal information: The income and operating period are as shown in the corresponding part of the damage compensation calculation table in the annexed sheet: male's daily wage, the number of working days per month, and the Plaintiff, at the time of the instant accident, 1,540 square meters per annum in the age of 64 years over, and 1,540 square meters.

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