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(영문) 서울중앙지방법원 2017.09.22 2016가단5176584
손해배상(자)
Text

1. The Defendant’s KRW 16,543,346 for the Plaintiff and 5% per annum from December 16, 2015 to September 22, 2017.

Reasons

1. Occurrence of liability for damages;

A. On December 16, 2015, B, around 21:30, December 2015, 2015, B used to run a Round vehicle (hereinafter “Defendant vehicle”).

) The front part of the Plaintiff’s driver’s f.o.b. the front part of the Defendant’s driver’s f.o.b., facing the two-lanes from the long distance of the environmental office to the original medical center, having driven the epathic distance from the front side of the Defendant’s vehicle, to the front part of the Defendant’s vehicle’s f.o.b. (hereinafter “instant accident”).

2) The Plaintiff suffered injury, such as the face, loss of the skin, etc., due to the instant accident.

3) The defendant is an insurer who has entered into an automobile comprehensive insurance contract with the defendant vehicle. The defendant is an insurer who has entered into an automobile comprehensive insurance contract. The fact that there is no dispute over the grounds for recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 2 and 3-1, 2

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant’s vehicle.

C. However, since the Plaintiff was negligent in neglecting the duty of care in advance, such circumstances should be considered in calculating the amount of damages that the Defendant is liable for, but the Plaintiff’s negligence shall be deemed 20% and the Defendant’s liability shall be limited to 80%.

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.

[Ground of recognition] The fact that there is no dispute, Eul 2, 3, and 6 (including all family cards with a serial number) respectively.

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