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(영문) 서울남부지방법원 2018.12.20 2018가단201034
손해배상(자)
Text

1. The Defendant’s KRW 99,233,703 as well as the Plaintiff’s annual rate of KRW 5% from December 5, 2016 to December 20, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) C are D vehicles around 5:55 on December 5, 2016 (hereinafter “Defendant vehicles”).

) A driving of the E Apartment, while proceeding one-lane in front of the E Apartment from the F store room to the G hospital room, conflicts with the unclaimed vehicle, which was directly driven by the four-lanes of the same road as the wind on the right side to make a right-hand right-hand at the intersection (hereinafter referred to as “instant accident”).

2) The Plaintiff, who was on board the Defendant’s vehicle due to the instant accident, sustained injuries, such as us us us us us us us us us us us us us us us us us us us

3) The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with respect to the Defendant vehicle (based on recognition). [In the absence of dispute, Gap evidence 1 to 4, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply)

each entry, video, and the purport of the whole oral proceedings

B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff as the insurer of the defendant vehicle.

C. The Defendant asserts that the amount of compensation should be mitigated on the ground that the Plaintiff did not wear the safety belt, and that the amount of compensation should be reduced on the ground that the Plaintiff was accompanied by the instant accident after being accompanied by the Defendant’s vehicle.

However, it is not sufficient to recognize the fact that the plaintiff did not wear the safety belt at the time of the accident only by the evidence submitted by the defendant. The evidence submitted by the defendant and the above circumstance asserted by the defendant alone are difficult to view that there is a circumstance to limit the defendant's liability due to the accident of this case due to the plaintiff's c

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

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