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(영문) 서울중앙지방법원 2017.11.09 2016가단5036099
손해배상(자)
Text

1. The Defendant paid KRW 9,710,529 to the Plaintiff KRW 5% per annum from May 26, 2014 to November 9, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) B, around 21:17, on May 26, 2014, driven a CA car (hereinafter “Defendant vehicle”) and driven one lane in front of the Eunpyeong-gu Seoul Metropolitan Government D, from the right side of the name elementary school to the Western police station at a speed of 10km, the Plaintiff’s right side of the side of the Defendant vehicle, which dried the crosswalk without signal lights to the right side from the left side of the Defendant vehicle, was shocked by the front part of the Defendant vehicle.

(2) The Plaintiff, who was on board the Defendant’s vehicle due to the instant accident, suffered a multi-slockal coordinate.

(3) The defendant is an insurer who has concluded a comprehensive insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 11 evidence, each entry or image of Eul 1 and 2 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above fact of recognition of liability, 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. Limit of liability: (a) the Plaintiff, as the Plaintiff, did not well look at the right and right safety and governance of the crosswalk, and in light of the fact that the Defendant’s vehicle was proceeding at low speed, the Plaintiff’s above error is deemed to have caused the occurrence of the accident and the expansion of damages.

Therefore, the defendant's liability is limited to 90%.

2. In addition to the following separate statements within the scope of the liability for damages, the items in the following table of the liability 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, it is rejected that the parties' arguments are not stated separately.

[Reasons for Recognition] Facts without dispute, Gap 12, 13 evidence, Eul 1 and 3 evidence, and this Court.

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