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(영문) 서울중앙지방법원 2020.10.23 2018가단5146778
손해배상(자)
Text

1. The Defendant’s KRW 59,246,424 as well as 5% per annum from December 15, 2016 to October 23, 2020 as to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. (1) The occurrence, etc. of a traffic accident) C is a motor vehicle with D investment risk around 18:30 on December 15, 2016 (hereinafter “Defendant vehicle”).

)를 운전하여 인천 서구 중봉대로 232에 있는 북항고가교 도로를 북항 방면에서 청라 방면 편도 3차로 중 1차로로 진행하였다. C은 중앙선을 침범하여 반대편 차선 1차로를 진행하는 원고가 운전하는 E 코란도스포츠 승용차 앞부분을 피고 차량 앞부분으로 충격하여 원고의 차량이 튕기면서 2차로를 진행하던 F SM3 승용차 왼쪽 앞부분과 충돌하였다(이하 ‘이 사건 사고’라 한다

(2) The Plaintiff suffered injuries, such as cages at cages at cages at cages at cages, gyms at gyms, gyms at gyms, and gyms

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 has entered into an automobile comprehensive insurance contract with the Defendant’s vehicle (based on recognition), the fact that there is no dispute, and each entry and video of Gap’s evidence (including the case where there

- The purport of the whole pleadings

B. Since the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the vehicle.

Although the defendant asserts that if the plaintiff did not neglect his duty of care, he could avoid the accident or could reduce the expansion of damage, it cannot be recognized in light of the circumstances of the accident revealed as evidence, such as black stuff images, etc.

The defendant's limitation of liability is without merit.

2. In addition to the matters stated below within the scope of liability for damages, the annexed sheet of liability for damages shall be as follows.

The period for the convenience of calculation shall be calculated on a monthly basis, and where there is a day on which statistical income is changed during the monthly unit period, statistical income during the forward period shall be applied, and the last month and less than KRW 1 shall be discarded.

The present value calculation at the time of the accident shall be an intermediate interest rate of 5/12 per month.

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