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(영문) 서울중앙지방법원 2020.11.13 2020나25498
손해배상(자)
Text

Of the judgment of the first instance, the part against the defendant ordering payment in excess of the amount ordered under paragraph (2).

Reasons

1. Occurrence of liability for damages;

A. The reasons for this part of the judgment of the court of first instance, which cited this part of this case, are as follows, except where the defendant added the following “a. additional judgment” as to the assertion emphasized by the court of first instance, and thus, the corresponding part of the judgment of the court of first instance (the occurrence of damages liability 1.) is identical to the corresponding part of the grounds for the judgment of the court

B. (1) In light of the fact that the instant accident conflicts with the front part of the left side of the Plaintiff’s vehicle and the front part of the Defendant’s vehicle, and the Plaintiff, who was on the front part of the Plaintiff’s vehicle, suffered serious injury, the Defendant asserts that the Defendant’s liability should be limited by taking account of the Plaintiff’s negligence, since it is clear that the Plaintiff had extended the Plaintiff’s damage due to the instant accident on the wind that the Plaintiff did not wear the safety labelling at

(2) According to the records or videos of the above evidence and evidence Nos. 5, 9, and 10, the whole front part of the Plaintiff’s vehicle was considerably damaged due to the instant accident. In light of the damaged parts and degree of the Plaintiff’s vehicle, it is insufficient to recognize that the evidence submitted by the Defendant alone was insufficient to acknowledge that the Plaintiff’s damage was expanded because the Plaintiff did not wear the safety labelling at the time of the instant accident, and there is no other evidence to acknowledge this otherwise, the Defendant’s above assertion cannot be accepted.

2. Except as otherwise stated below the scope of liability for damages, the amount of damages calculated (attached Form 1) and (attached Form 2) shall be the same as each corresponding item of the future treatment expense calculation table, and the convenience period shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

In addition, the parties' arguments are not stated separately.

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