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(영문) 서울중앙지방법원 2020.05.29 2018가단5068250
손해배상(자)
Text

1. The Defendant’s KRW 36,975,170 as well as 5% per annum from March 12, 2017 to May 29, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C is the D Kaman car (hereinafter “Defendant”) around 20:35 March 12, 2017, around 20:35.

) While driving his/her vehicle and driving his/her vehicle to turn to the left at the right side of the front side of the Defendant vehicle, the Plaintiff’s chest side crossing the said road to the port from the front side of the Defendant vehicle’s direction was shocked to the front part of the Defendant vehicle (hereinafter “instant accident”).

(2) The Plaintiff sustained injury, such as cerebral blood, etc. due to the instant accident.

3) The Defendant is an insurer who has entered into an automobile comprehensive insurance contract against the Defendant vehicle. The Defendant is an insurer who has entered into an automobile comprehensive insurance contract with the Defendant vehicle. The ground for recognition exists without any dispute, Gap evidence 1 through 4, 8, and Eul evidence 2 (including serial numbers; hereinafter the same shall apply)

each entry or video, the whole purport of the pleading;

B. According to the above recognition of liability, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as the insurer of the Defendant’s vehicle, barring any special circumstance, since the Plaintiff was injured by the operation of the Defendant’s vehicle.

C. Limit of liability: Provided, however, when comprehensively considering the overall purport of the pleading in each description of the evidence Nos. 2, the Plaintiff was at night crossing the vicinity of the intersection, not the crosswalk, while under the influence of alcohol.

Considering the developments leading up to the instant accident and all the circumstances before and after it, the Plaintiff’s mistake is deemed to have caused or expanded damages. Therefore, in calculating the amount of damages that the Defendant should compensate, the Defendant’s liability is limited to 65% 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 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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