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(영문) 대구지방법원 2015.05.21 2014나17075

손해배상(자)

Text

1. The defendant who ordered the payment to the plaintiff A in excess of the amount ordered below among the judgment of the court of first instance.

Reasons

1. Basic facts

A. At around 09:20 on July 30, 2012, E driven a F Car (hereinafter “Defendant Vehicle”) and proceeds from the operation of a road in front of the first apartment unit in front of the reputation river of the Nam-gu, Southern-gu, Seoul-gu, into G bank at the bottom of the G bank. Since the center line of the yellow yellow-ray is installed at a place where it is installed, it is necessary to thoroughly drive the two lanes in the front bank, thereby neglecting the operation of the central line by neglecting the operation of the vehicle, thereby causing an accident that conflicts between the bicycles going into H (hereinafter “the instant accident”). The Plaintiff suffered from the injury, such as the collision, the order, and the wave, etc. after the shouldering the right side of the instant accident.

B. In relation to Plaintiff A, Plaintiff B is the spouse, Plaintiff C, and D are children, and the Defendant is the insurer who entered into an automobile insurance contract with respect to the Defendant vehicle.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of the above liability, the defendant is the insurer of the defendant's vehicle and is liable to compensate the damages suffered by the plaintiffs due to the instant accident that occurred during the operation of the defendant vehicle.

B. According to the evidence Nos. 3 and 6 of the limitation of liability, it can be acknowledged that the plaintiff A also did not properly examine the right and the right from the alley to the intersection. Since the plaintiff A's mistake is deemed to have caused the occurrence of the accident of this case, the defendant's responsibility is limited to 70%, taking this into account.

3. Except as otherwise stated below within the scope of liability for damages, each corresponding item of the annexed Schedule of Calculation of Compensation for Damages shall be the same as the corresponding item, and in principle, the period for the convenience of calculation shall be monthly, and less than a month and less than KRW 1 shall be discarded.

At the time of the accident.