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(영문) 서울중앙지방법원 2015.01.30 2012가단14577
손해배상(자)
Text

1. The Defendant’s KRW 59,425,041 as well as 5% per annum from August 23, 2011 to January 30, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. On August 23, 2011, B: (a) the vehicle C at around 08:15 (hereinafter “Defendant vehicle”)

2) The Plaintiff’s driving of the Cheongju-si Eriju-si Eriju-si entered a road of three-lanes in front of the said gas station into the said station, and changed the two-lanes into the one-lane, which led to the collision of the front part of the F vehicle of the Plaintiff’s driving, driving the said two-lanes on the left side of the Defendant’s vehicle, resulting in the Plaintiff’s injury such as a warning signboard escape certificate, etc. (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 2, each entry and video (including provisional number), the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable to compensate the damage 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 was negligent by failing to pay due attention to the traffic situation in the front bank; and (b) such negligence by the Plaintiff shall be deemed as the cause of the occurrence and expansion of the instant damages; and (c) taking this into account, the Defendant’s liability shall be limited to 80%.

(2) Except as otherwise stated below within the scope of liability for damages, each item of the attached Table of the calculation of damages shall be the same as the corresponding item of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, 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.

Personal information 1) Personal data: as stated in the “basic matters” list of the amount of damages calculated in the annexed sheet of calculation of damages: (ii) Urban Daily Wage for the period of operation, the number of operating days shall be 22 per month, and the remaining disability and damages until they reach the age of 60.

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