(영문) 서울중앙지방법원 2017.08.10 2015가단5309479

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(영문) 서울중앙지방법원 2017.08.10 2015가단5309479

손해배상(자)

Text

1. The Defendant’s KRW 285,679,808 as well as 5% per annum from September 11, 2012 to August 10, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 17:20 on September 11, 2012, driving a car CA car (hereinafter “Defendant vehicle”) and driving from the direction of Gwangju City to the direction of the Eju City, in the front of the Ejun Station located in the wife population D, the part concerning the left side of the FF car of the Plaintiff’s driver, which was driving along the central line and going along the opposite lane, was received in front of the Defendant vehicle.

(2) The Plaintiff suffered injuries, such as the blood dynasium, synasium, synasium, brain synasium, synasium, and synasium damage.

(3) The defendant is an insurer who has concluded a comprehensive insurance contract with respect to the defendant vehicle.

[Ground of recognition] A.1 to 5 evidence, each entry or video (including serial numbers) of A.11 evidence, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as the insurer of the defendant vehicle.

C. The Defendant asserts that the limitation of liability should be limited to the Defendant’s liability, as the Plaintiff did not wear the safety level at the time of the instant accident.

We cannot readily conclude that the part of the Plaintiff’s injury alone did not wear a safety level mark, and there is no other evidence to acknowledge it, and the Defendant’s above assertion is rejected.

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the liability 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.

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