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(영문) 서울중앙지방법원 2015.09.25 2014가단112826
손해배상(자)
Text

1. The Defendant’s KRW 13,677,193 as well as the Plaintiff’s annual rate from February 14, 2014 to September 25, 2015.

Reasons

1. Occurrence of liability for damages;

A. 1) B is a vehicle C around 05:50 on February 14, 2014 (hereinafter “Defendant vehicle”).

) A driving of the Plaintiff, in violation of the signal at the SK Energy, KK-Wpex front of the Intersection in Seo-gu Incheon Metropolitan City, was straighted in the direction of the original new tunnel in the direction of the front south-dong, and caused the Plaintiff’s driving of the Plaintiff, who was left left to the left under the new direction of the new direction in the original new tunnel direction in accordance with the new subparagraph. Accordingly, the Plaintiff suffered an injury to the Plaintiff’s driving of the instant accident, which caused the Plaintiff’s injury to the left-hand pelle pelle, the left-hand pelle pelle,

(2) The Defendant is an insurer who entered into an insurance contract with the Defendant vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 10 through 19 (including each number), the purport of the whole pleadings]

B. According to the above facts, the defendant is liable for damages sustained by the plaintiff due to the accident in this case.

C. As to the claim of limitation of liability, the Defendant asserts that the Defendant should limit the Defendant’s liability by taking account of the fact that the Plaintiff was negligent in not verifying whether other vehicles have entered the intersection immediately after the signal was changed, in the course of making a left-hand turn to the right at the intersection.

However, since the defendant's vehicle cannot be seen as entering the intersection immediately after its direction signal was changed to the stop signal, the defendant's above assertion is rejected.

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, the parties' arguments are not stated separately.

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