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(영문) 서울중앙지방법원 2020.12.18 2019가단5114471
손해배상(자)
Text

1. The Defendant’s KRW 6,768,918 as well as 5% per annum from July 12, 2018 to December 18, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant’s freight C (hereinafter “Defendant’s vehicle”)

2) Around 11:20 on July 12, 2018, D driving the Defendant vehicle and proceeding three-lanes in front of the new Myeon Office in the Macheon-si.

The defendant's vehicle changed from the two lanes to the one lane, and the plaintiff's vehicle driven in the first lane was shocked by the Ecoos vehicle driven by the plaintiff.

(hereinafter referred to as “instant accident”). The Plaintiff suffered injury to the parts of the shoulder, shoulder, etc. due to an accident. [Grounds for recognition] The Plaintiff did not dispute (applicable for recognition), Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, and Eul evidence Nos. 1 through 3, and video (including the case where there is a serial number; hereinafter the same shall apply)

- 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.

Although the defendant asserts the negligence of the plaintiff's failure to drive a full-time and safe driving, it is not sufficient to recognize the plaintiff's negligence solely on the ground that the accident of change of the vehicle is an accident of change of the vehicle, and there is no other evidence to acknowledge

The defendant's argument on limitation of liability is without merit.

2. In addition to the matters stated below within the scope of liability for damages, the annexed sheet of liability for damages 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 based on the discount method that deducts intermediary interest at the rate of 5/12 per month, and the amount to be deducted shall be deducted from the principal of the amount of damages.

It shall be rejected that the parties' arguments are not separately explained.

[Reasons for Recognition] Nos. 2, 7, 11, 18, 18, and 2.

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