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(영문) 서울중앙지방법원 2016.12.09 2015가단5231408
손해배상(자)
Text

1. The Defendant: (a) KRW 2,491,32 to the Plaintiff, as well as KRW 5% per annum from April 27, 2012 to December 9, 2016.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) C: (a) around 11:15, April 27, 2012, 2012; (b) D rocketing car (hereinafter “Defendant vehicle”).

2) The Plaintiff’s driver was negligent in performing the duty of front-time care at the entrance of the construction site south E, resulting in the Plaintiff’s driver’s failure to perform the duty of front-time care and resulting in the Plaintiff’s failure to see the front part of the Defendant’s vehicle (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, entry of Gap 1, 2, and 9 evidence, 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. As to the limitation of liability, the Defendant asserted that the Plaintiff did not fasten the safety belt, but the fact that the Defendant did not fasten the safety belt could not be easily inferred. The evidence submitted by the Defendant alone is insufficient to recognize that the Plaintiff did not wear the safety belt at the time of the instant accident, and there is no other evidence to acknowledge this otherwise, and there is no reason to limit the Defendant’s liability.

2. In addition to what is separately explained under the scope of liability for damages, each of the relevant items in the attached Form of damages calculation sheet shall be the same as each of the relevant items in the calculation of damages, and 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.

Personal information on lost income 1: it is stated in the column of "basic matters" in the attached Form for calculation of damages.

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