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(영문) 서울중앙지방법원 2016.07.22 2013가단263000
손해배상(자)
Text

1. The Defendant’s KRW 12,143,302 with respect to the Plaintiff and KRW 5% per annum from September 11, 2009 to July 22, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. At around 09:35 on September 11, 2009, B is the C Freight Vehicle (hereinafter “Defendant Vehicle”).

2) On the other hand, the Plaintiff, at the 4th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth)

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 3, and 16 (including branch numbers if there are branch numbers; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

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. However, according to the above evidence, the Plaintiff, as the Plaintiff entered the intersection where there is no signal apparatus, failed to perform his/her duty of care by entering the intersection where he/she did not have a signal apparatus, such as due care and driving by the Defendant, and such mistake was caused by the occurrence or expansion of damage caused by the instant accident, and thus, the Defendant’s liability is limited to 75% by taking account of such fact.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed Schedule of Calculation of Compensation, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

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