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(영문) 서울중앙지방법원 2015.12.31 2014가단5221473

손해배상(자)

Text

1. The Defendant: (a) KRW 24,601,153; and (b) KRW 1,000,000 to Plaintiff B; and (c) KRW 500,000 to Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is the FF Free Cargo Loading Vehicle (hereinafter “Defendant Vehicles”) around 11:40 October 10, 2013.

) On the ground that the Plaintiff driven the vehicle, while driving the vehicle, and driving the front cycle road of 139-61, Seongbuk-gu, Seoul, according to one lane from the street lamps to the side of the three-lane road from the street lamps, and was negligent in performing the duty of front-time watching and the duty of ensuring safety distance, the Plaintiff driven in front of the Defendant vehicle (hereinafter “Plaintiff vehicle”) and driven by the Plaintiff A (hereinafter “Plaintiff vehicle”).

2) The lower part of the right side of the Defendant’s vehicle is prone to the left side of the Defendant’s vehicle, and the Plaintiff A suffered injury, such as the escape from a conical signboard (hereinafter “instant accident”).

(2) Plaintiff B is the wife of Plaintiff A, and Plaintiff C and D are the children of each Plaintiff A, and the Defendant is the insurer who concluded the comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 6, 15 (including branch numbers if there are virtual numbers; hereinafter the same shall apply)

(1) No. 1, B’s evidence, the purport of the entire pleadings

B. According to the above facts of recognition of liability, the defendant, the insurer, is liable for the damages suffered by the plaintiffs due to the accident of this case.

C. In the instant accident involving the limitation of liability, it is insufficient to view that the Plaintiff’s statement by the driver E of the Plaintiff’s vehicle that the Defendant’s vehicle was rapidly operated without any reason, as it is insufficient to deem that the Defendant’s vehicle was rapidly operated due to the reasons attributable to the Plaintiff A. Therefore, there is no reason to limit the Defendant’s liability in the instant case.

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 amount of damages at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 per month.