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(영문) 서울중앙지방법원 2017.11.17 2016가단48592

손해배상(자)

Text

1. The Defendant: KRW 38,436,375 to Plaintiff A; KRW 1,00,000 to Plaintiff B; and KRW 500,000 to Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. 1) E is a Fcar at around 6:00 on September 19, 2014 (hereinafter “Defendant Vehicle”).

(i)A drivered by the Plaintiff A (hereinafter referred to as “Plaintiff A”) who is on the part of the Plaintiff A, who is on the right turn in contravention of the H’s signal from the direction of the Macheon-si to the right turn on the left turn in the direction of the H, in the direction of the Macheon-si.

) 앞부분을 피고 차량의 운전석 옆면 부분과 부딪히게 하여, 원고 A으로 하여금 오른쪽 무릎뼈의 분쇄 골절 등의 상해를 입게 하였다(이하 ‘이 사건 사고’라 한다

(2) Plaintiff B’s spouse, Plaintiff C, and D are the children of Plaintiff A, and the Defendant is an insurer that entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1-4 evidence (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

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

C. The limitation of liability: (a) the Plaintiff’s operation of the Plaintiff’s vehicle at the location of the instant accident where the speed of 80 km is 80 km per hour; and (b) such negligence of the Plaintiff A also caused the occurrence and expansion of damages; (c) it is reasonable to consider the Defendant’s compensation for damages in determining the amount of damages; (d) it is reasonable to deem that such ratio exceeds 20%, and thus, the Defendant’s liability is limited to the remainder 80%.

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 current value of the damages at the time of the accident shall be calculated at the rate of 5/12 per month.