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(영문) 수원지방법원 2015.11.13 2013가단221202

손해배상(자)

Text

1. On December 19, 2012, at around 17:30 on December 19, 2012, the accident was caused by the shocking of the Defendant where E is walking.

Reasons

1. Facts of recognition;

A. F, around 17:30 on December 19, 2012, while driving a vehicle E (hereinafter “AR”) on the backway, the Defendant (the age four years at that time) who was walking in D in Suwon-gu, Suwon-si, Suwon-si, the backway road, was shocked.

(hereinafter “instant accident”). B.

The Defendant suffered injuries in the instant accident, such as cryp, chromatic base, dypump, dypical base, and the inspection of the right lower part.

C. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to a household vehicle.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1-6 (including branch numbers, if any) and the purpose of the whole pleadings]

2. The assertion and judgment

A. (i) The Plaintiff is liable for damages against the Defendant due to the instant accident alleged by the Plaintiff. However, there is no remainder if the Plaintiff deducts the amount equivalent to the ratio of negligence on the part of the Defendant among the medical expenses already paid by the Plaintiff to the Defendant. The Plaintiff is obligated to pay only KRW 300,000 for the future medical expenses according to the terms and conditions.

See The defendant's assertion that the defendant still remains after the accident of this case, and the status of the legacy need to be observed continuously in the future and the treatment is needed.

B. (1) According to the above facts, the Plaintiff is liable to compensate the Defendant for the damages caused by the instant accident, as the insurer who entered into an automobile comprehensive insurance contract with respect to the automobile.

Shed, however, at the time of the instant accident, the Defendant’s age is an infant aged 4 years and 11 months. As such, the Defendant’s parents, as a minor guardian and supervisor, failed to fulfill their duty of care to prevent the occurrence of traffic accidents, such as the instant accident, by seeking the Defendant’s safety. The Defendant’s fault on the part of the victim appears to have influenced the occurrence or expansion of damages caused by the instant accident. Thus, the Plaintiff’s responsibility is 80% in consideration of such negligence on the part of the Defendant.