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(영문) 서울중앙지방법원 2020.07.24 2018가단5217434
손해배상(자)
Text

1. The Defendant’s KRW 34,764,404 as well as the annual rate of KRW 5% from October 6, 2017 to July 24, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. 1) On October 6, 2017, C: (a) around 20:45, 2017, the E-vehicle located on the alleyway in Seoul Special Metropolitan City, Nowon-gu (hereinafter “Defendant vehicle”).

2) The Plaintiff, while driving and driving the Defendant’s vehicle, was shocked on the front road of the Defendant’s vehicle (hereinafter “instant accident”).

2) According to the instant accident, the Plaintiff sustained an injury, such as a pelle and pelle, etc. between 6-7 and 6-7.

3) The Defendant is an insurer which has entered into an automobile comprehensive insurance contract with the Defendant’s vehicle (based on recognition). The Defendant is an insurer which entered into an automobile comprehensive insurance contract with the Defendant’s vehicle (based on recognition), without any dispute, evidence Nos. 1 through 5, No. 1, 2

each entry or video of this Court, the result of the commission of physical examinations to the Director of the F Hospital of this Court, the purport of the entire pleadings.

B. According to the above facts, the Plaintiff was injured by the operation of the Defendant’s vehicle, and thus, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff for the damages caused by the instant accident.

C. The limitation of liability: (a) any of the following circumstances revealed by the entries or images of the above evidence may not be taken place on the road, i.e., on the road, in a manner that obstructs the traffic (Article 68(3)2 of the Road Traffic Act); (b) there was a mistake that the Plaintiff was seated in front of the Defendant’s vehicle parked in the night while drinking alcohol; and (c) such mistake was caused by the occurrence or expansion of the damage caused by the instant accident; and (d) thus, the Defendant’s liability is limited to 50% of the Defendant’s liability by taking this into account in calculating the amount of damages that the Defendant should compensate for.

2. The Plaintiff’s damages within the scope of liability for damages are as follows:

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded.

The current value of the damages at the time of the accident shall be calculated at the rate of 5/12 per month.

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