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(영문) 서울중앙지방법원 2015.11.25 2014가단133779
손해배상(자)
Text

1. From May 30, 2015 to November 25, 2015, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) KRW 4,990,788 and related thereto.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Occurrence of liability for damages;

A. 1) B is a vehicle C at around 14:55 on October 30, 2013 (hereinafter “Defendant vehicle”).

) While driving his/her car and driving his/her car to turn to the left at the entrance of the first public parking lot in Kim Jong-dong, the 'T'-type one road in front of the public parking lot in front of the first public parking lot in South and North Korea was left to the left, the Plaintiff, who was crossinging the road in the direction of the public parking lot in the direction of the first public parking lot in front of the left-hand side of the Defendant vehicle, failed to perform the safety driving duty, was faced with the Plaintiff’s injury, such as spine frame or escape (hereinafter “instant accident”).

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

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

B. According to the above facts, 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 each of the above evidence, the Plaintiff was also erroneous in crossinging a two-lane road from the door to door without permission, and since such errors were caused by the occurrence of the instant accident and the expansion of damages, the Defendant’s liability is limited to 85% by taking this into account.

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 price at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal information: as stated in the “basic matters” column of the attached Form for calculation of damages, income and 2).

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