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(영문) 서울중앙지방법원 2020.09.25 2017가단5086855
손해배상(자)
Text

1. The Defendant’s KRW 60,511,601 as well as 5% per annum from November 17, 2014 to September 25, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. (1) On November 17, 2014, C is a D-type taxi (hereinafter “Defendant vehicle”) around 15:00 on November 17, 2014.

) A vehicle driving along the vehicle and driving the road in front of active duty service, which is located in the West-dong of the area of the west-gu, Sungnam-si, with three-lanes in the direction of the number of lanes. The defendant vehicle changing the two lanes at one five-lanes, while driving the vehicle at one five-lanes, conflicts between the left side of the vehicle in the Eknife-si and the right side of the defendant vehicle, and due to the shock, the defendant vehicle re-sprinked the boundary seat of the sidewalk (hereinafter “the accident in this case”).

(2) The Plaintiff, a passenger on the back seat of the Defendant vehicle, suffered injuries, such as brain, etc. due to an accident.

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, as described in Gap’s Evidence Nos. 3, 5, 10, 11, and Eul’

- The purport of the whole pleadings

B. Since the Plaintiff sustained an injury due to the operation of the Defendant’s vehicle, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of the vehicle.

C. At the time of an accident limiting liability, the Plaintiff did not wear a vehicle safety belt (the fact that there is no dispute) and did not fasten the safety belt in light of the part of the injury, which led to the expansion of damages, and thus, the Defendant’s calculation of damages to be compensated should be taken into account.

The defendant's liability is limited to 90%.

2. Except as otherwise stated below within the scope of liability for damages, the relevant item of the attached Form 1 calculation table and the calculation table of future treatment costs in attached Form 2 shall be as follows.

The period for the convenience of calculation shall be calculated on a monthly basis, and where there is a day on which statistical income is changed during the monthly unit period, statistical income during the forward period shall be applied, and the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be 5/12 per month.

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