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(영문) 서울중앙지방법원 2016.01.26 2013가단223200
손해배상(자)
Text

1. The Defendant’s KRW 77,695,34 as well as the Plaintiff’s annual rate of KRW 5% from October 15, 2011 to January 26, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant’s vehicle B (BMW, hereinafter “Defendant’s vehicle”).

2) On October 15, 201, at around 11:55, 201, C driven the Defendant’s vehicle and proceeded along one lane, which is a bus-only one-way bus vehicle, among five-lanes in active service distance. On the 19-lane in Gangnam-gu, Seoul, Gangnam-gu, in violation of the signal, it proceeded at a speed of 31 to 40km. The Plaintiff did not take out an insurance to the port from the right side of the course, without taking out an insurance to the port from the right side of the course, she opened a crosswalk at a speed of 0 to 20km/h by using a pedestrian signal on the direction of the course of the course of the course of the course of the course of the course of the course of the course of the course, and the part of the Plaintiff’s off part of the part of the Defendant’s off part by the front-way driver.

(3) Due to the instant accident, the Plaintiff suffered an injury, such as the so-called “instant accident” and Nos. 2 and 3, and the so-called “profescing of the front side of the left part” and “profescing of the entire 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 an insurer.

C. Although limitation of liability is large by C’s fault that caused an accident on a crosswalk in violation of signal, the Plaintiff also proceeded with the crosswalk for pedestrians in light of the circumstances surrounding the accident, and such error was caused by the instant accident and the extension of damages, thereby limiting the Defendant’s liability to 80%.

(2) Except as otherwise stated below within the scope of liability for damages, each item of the attached Table of the calculation of damages shall be the same as the corresponding item of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 1 shall be discarded.

The current value calculation at the time of the accident shall be the one that deducts the interim interest calculated at the rate of 5/12 per month.

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