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(영문) 서울동부지방법원 2020.05.22 2017가단125420
손해배상(자)
Text

1. The Defendant’s KRW 4,570,104 for the Plaintiff and KRW 5% per annum from October 23, 2016 to May 22, 2020.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Sexual Incompet C is a D vehicle at around 08:20 on October 23, 2016 (hereinafter “Defendant vehicle”).

(B) While driving the vehicle and driving the vehicle into the e-car of the Plaintiff’s vehicle running slowly along the flow of the vehicle before the Defendant’s vehicle while driving the vehicle into the e-car near the Seoul metropolitan cycle Highway, Ne-si, Ne-si, Ne-si, Ne-si, Ne-si, Ne-si, Ne-si (hereinafter “instant accident”) and driving the vehicle into the front part of the Defendant vehicle (hereinafter “instant accident”).

2) As a result of the instant accident, the Plaintiff suffered injury, such as the escape certificate, etc.

3) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with the Defendant’s vehicle. The Defendant is an insurer who entered into an automobile comprehensive insurance contract. The fact that there is no dispute over the grounds for recognition, Gap evidence 1-2, Gap evidence 2, Eul evidence 2, and the purport of the whole pleadings

B. According to the fact of recognition of liability, the Plaintiff sustained injury due to the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the Defendant’s vehicle.

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.

In addition, it is rejected that the parties' arguments are not stated separately.

[Ground of recognition] The fact that there is no dispute, Gap's 3, 6, and 8 (including each number), the commission of physical examination to the F Hospital of this hospital and the inquiry result, significant fact, experience and whole purport of the pleading

A. Personal information 1) Personal information: The same shall apply to the entry in the “basic matters” list of the amount of damages calculated. 2) Income and operating period at the time of the instant accident.

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