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(영문) 서울중앙지방법원 2015.08.28 2010가단66109
손해배상(자)
Text

1. The Defendant’s KRW 69,165,269 as well as the Plaintiff’s annual rate from February 25, 2008 to August 28, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. On February 25, 2008, B: (a) around 09:55, Feb. 25, 2008, a bus belonging to C C with a high-speed bus (hereinafter “Defendant vehicle”).

) While driving the Plaintiff and driving the first-class highway along the second-class highway, the Plaintiff’s D/L drive driven the front part of the left side of the Defendant’s vehicle, which was driven at the end of the right side of the said road, and caused the Plaintiff to suffer injury to the Plaintiff on the side of the conical signboard escape certificate No. 3-4 and No. 5-6 (hereinafter “instant accident”).

(2) The Defendant is a mutual aid association that entered into a motor vehicle mutual aid contract for the Defendant’s motor vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 1 to 3 (if there is a satisfy number, including a branch number; hereinafter the same shall apply)

(i) the entry in Category B(1) and the purport of the entire pleading

B. According to the above facts of recognition of liability, B neglected the front-time watch and did not secure a safe distance, and was negligent in not operating the brake accurately, and was unilaterally received the Plaintiff’s driver’s vehicle driven in the front-time, and thus, the Defendant, the insurer, is liable to compensate for the Plaintiff’s loss caused by the instant accident.

C. As to the limitation of liability, the defendant asserted that the plaintiff did not fasten the safety belt, but it is not possible to conceal that the plaintiff did not fasten the safety belt, and there is no evidence to acknowledge it, and there is no reason to limit the defendant's 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.

Personal information on daily income: Attached Form 1.

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