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(영문) 서울중앙지방법원 2015.11.25 2014가단5248737

손해배상(자)

Text

1. The Defendant: (a) from February 23, 2013 to Plaintiff A, KRW 500,00 for each of the KRW 146,034,447, Plaintiff B, and C.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) D is a vehicle E around 10:10 on February 23, 2012 (hereinafter “Defendant vehicle”).

2) While driving a vehicle and driving a vehicle, while driving the vehicle and driving it on a road at a 300-meter radius from the Seocheon-gu Incheon Metropolitan City, Sincheon-si, Incheon Metropolitan City, the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle and the vehicle of the

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 4, 5, and 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

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

C. At the time of the instant accident, it is recognized that the Plaintiff A had not fastened safety belts at the rear seat of the taxi at the time of the instant accident.

Considering that the place where the accident in this case occurred is an expressway, it seems that the negligence of Plaintiff A, who did not fasten the safety belt, caused the occurrence or expansion of damage caused by the accident in this case, thereby limiting the Defendant’s liability to 90% by taking this into account in calculating the amount of damage that the Defendant is liable for.

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 price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.