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(영문) 서울중앙지방법원 2018.09.20 2017가단5076476
손해배상(자)
Text

1. The Defendant’s KRW 64,659,96 for the Plaintiff and KRW 5% per annum from April 5, 2016 to September 20, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are as follows: (a) C dump trucks around April 5, 2016 (hereinafter “Defendant vehicle”) around Cump trucks around 9:25.

2) Around the 1081 commercial road along the 1081 commercial road from the westbridge to the west intersection of the Busan Metropolitan City, Seosan-si, the two-lanes of the two-lanes. While the Plaintiff discovered the said road to the port from the right side of the road by bypassing it at a place where the right side is prohibited, even though the Plaintiff discovered the said road to the right side of the road on the front side of the Defendant’s vehicle, he driven the Defendant’s vehicle to the front side of the Defendant’s vehicle without stopping the Defendant’s vehicle, leading it to the opposite side of the vehicle without stopping it (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as knee and kneeing off on one’s credit between knee and knee.

3) The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with the Defendant’s vehicle (based on recognition). The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with the Defendant’s vehicle (based on recognition), the fact that there is no dispute, and each description of evidence

- The purport of the whole pleadings

B. According to the above facts, 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. The limitation of liability, however, is limited to the defendant's liability to 70% in consideration of this, since the plaintiff, as the plaintiff, was negligent in crossing the road without carefully examining the vehicle while crossing the road where the central line is installed, and such error caused the accident.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation 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.

b) the Commission;

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