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(영문) 서울서부지방법원 2018.01.18 2017나3684
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The facts that there is no dispute between the parties to the judgment as to the cause of the claim, and according to the overall purport of Gap evidence No. 1 and the pleadings, the defendant, on August 1, 2016, on the front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, opened a bicycle in front of the crosswalk, and opened the above crosswalk with the plaintiff, and thereby, the plaintiff suffered an injury, such as "in the open room for the blue" of the 2 week prior to the transfer (hereinafter "the accident in this case"), and the defendant was sentenced to a fine as a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the judgment in this case becomes final and conclusive.

According to the above facts, the defendant is responsible for compensating the plaintiff for damages caused by the accident of this case, taking into account all the circumstances revealed in the arguments of this case, such as the circumstance of the accident of this case, the degree of injury suffered by the plaintiff, and circumstances after the accident.

Therefore, the defendant is obligated to pay the plaintiff 1 million won consolation money and 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 1, 2016 to the day of full payment, as requested by the plaintiff.

2. Conclusion, the plaintiff's claim shall be accepted on the ground of its reasoning.

The judgment of the court of first instance is just in its conclusion, and thus, the defendant's appeal is dismissed. It is so decided as per Disposition.

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