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(영문) 부산지방법원 2017.11.07 2016가단318534

손해배상(자)

Text

1. The Defendant: 617,429,095 won to Plaintiff A; 12,00,000 won to Plaintiff B; 4,000,000 won to Plaintiff C; and 4,000 won to Plaintiff D.

Reasons

1. Basic facts

A. On May 6, 2014, E driving a FF vehicle (hereinafter “Defendant vehicle”) around 22:20 on May 6, 2014, and making a left-hand turn to the left-hand turn on the left-hand part of the lower left-hand part of the Defendant vehicle’s left-hand-hand part of the Defendant vehicle, while the dwelling in front of the 817 sub-transmission Public Security Center was driving on the back-hand side road as Busan Shipping Daegu Metropolitan Transportation Daegu, and the Plaintiff A, who was on the left-hand side of the Defendant vehicle driving direction, was shocked.

(hereinafter “instant accident”). (b)

In the instant accident, Plaintiff A suffered bodily injury, such as brain ties, credit hiveropia, credit hiverosis, hiverosis, hiverosis, etc.

C. Plaintiff B’s spouse, Plaintiff C, and D are children of Plaintiff A, and the Defendant is an insurer who entered into an automobile comprehensive insurance contract with the Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings of Gap's evidence 1 to 3, 6 through 8 (including branch numbers; hereinafter the same shall apply)

2. According to the above facts finding that the accident of this case occurred due to the negligence of the driver of the defendant vehicle who failed to fulfill his duty of care to prevent the accident by accurately operating the steering and steering gear while running a backway at night. Thus, the defendant, who is the insurer of the defendant vehicle, is liable to compensate the plaintiffs for the damages caused by the accident of this case.

However, as the plaintiff A was negligent while under the influence of alcohol on the road where the vehicle can be operated, the defendant's liability is limited to 90% in consideration of these points and all other circumstances shown in the arguments in this case.

3. In principle, the period for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than the last won shall be discarded, and the present value shall be calculated at the time of the accident of the damages, with an intermediate interest at the rate of 5/12 per month.