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(영문) 서울서부지방법원 2016.12.01 2015가단244725
손해배상(자)
Text

1. The Defendant’s KRW 100,917,114 as well as 5% per annum from December 8, 2014 to December 1, 2016 to the Plaintiff.

Reasons

1. Establishment of liability for damages;

A. The establishment of liability: (a) (B) while driving a C-A-car on December 8, 2014 and driving the C-A-car on a set of 15:20, the Defendant is liable to compensate the Plaintiff for damages caused by the instant car accident, as an insurer of the said car, because (b) the Defendant is not in dispute between the parties, or the fact that the Defendant is the insurer who entered the said car with respect to the said car, is not in full view of the entire purport of oral pleadings and arguments, since the Defendant is liable to compensate the Plaintiff for damages caused by the instant car accident, as the insurer of the said car by the instant accident.

B. Meanwhile, according to the aforementioned evidence, the Plaintiff may recognize the fact that the Plaintiff was faced with the instant accident by cutting the crosswalk without getting off the bicycle, and such circumstance also appears to have caused the occurrence and expansion of damages caused by the said accident. Therefore, in determining the amount of damages to be compensated by the Defendant, the Defendant’s liability is limited to the extent of 85% by taking into account the aforementioned circumstances.

2. The following facts can be acknowledged in full view of the evidence indicated above, Gap evidence Nos. 6, 9 through 11, Eul evidence Nos. 1 and 2, and the results of this court’s commission of physical examination and fact-finding to the Gangwon-do University Hospital, Ycheon-do University Seoul Hospital and the results of fact-finding.

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 won shall be discarded. The current price calculation at the time of the accident of the amount of damages shall be governed by the simple interest rate that deducts the interim interest at the rate of 5/12 per month, and it shall be excluded from the allegations of the parties.

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