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(영문) 서울서부지방법원 2017.09.21 2016가단233722
손해배상(자)
Text

1. The Defendant’s KRW 13.5 million with respect to the Plaintiff and 5% per annum from September 22, 2014 to September 21, 2017.

Reasons

1. Establishment of liability for damages;

A. The occurrence of liability ① was due to the negligence of failing to properly take into account the situation of the rear side of the vehicle while he was moving back from the 235 front outdoor parking lot in Ansan-si, Seoul Special Metropolitan City, on September 22, 2014, in order to cut off the C vehicle at the 235 front outdoor parking lot, and caused the injury, such as the pressure pressure of the 12 chest pressure (hereinafter “instant accident”); ② The fact that the Defendant is the insurer who entered into the comprehensive automobile insurance contract with respect to the said vehicle does not conflict between the parties, or may be recognized in full view of each description and image of the evidence No. 1, 2, No. 2, No. 3 (including the serial number, hereinafter the same shall apply) and the purport of oral argument. Accordingly, the Defendant, the insurer of the said vehicle, is liable for the Plaintiff’s damage caused by the instant accident.

B. On the other hand, the Plaintiff is negligent in not paying due attention to the situation of vehicle movement in the surrounding area while the above parking lot without distinction between the sidewalk and the roadway, and such circumstance also appears to have contributed to the occurrence and expansion of damage caused by the instant accident. Therefore, the Defendant’s liability is limited to 90% of the Defendant’s liability by taking into account in determining the amount of damages to be compensated by the Defendant.

(2) The following facts can be acknowledged in full view of Gap evidence Nos. 4 and Eul evidence Nos. 1 and 5, and the result of the physical examination of medical schools of the court of the first generation, which is the result of the physical examination of the medical examination of the medical schools of the court of the first generation.

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 won shall be discarded. The current price calculation at the time of the accident of the amount of damages shall be based on the fractional interest rate calculated by deducting the interim interest at the rate of 5/12 percent per month. And it shall be excluded if the parties' arguments are not separately explained.)

(a) Personal information, the date at which the name is ended, and the operating period: the following “(basic)” is written.

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