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(영문) 수원지방법원 2016.04.01 2013가단87426

손해배상(자)

Text

1. The defendant shall pay to the plaintiff A KRW 66,087,564, and KRW 1,50,000 for each of the plaintiff B and C, and KRW 80,000 for each of them.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (i) On November 18, 2009, E was negligent in driving a FF vehicle (hereinafter “AF vehicle”) around 08:30 on November 18, 2009 and neglecting the duty of front-time care while driving the Han Jin apartment complex located in the Hanjin apartment complex in front of the 656-dong, Suwon-gu, Suwon apartment complex, which is located in front of the 656-dong, while neglecting the duty of front-time care, and received the front part of the vehicle.

(hereinafter referred to as “the instant accident”). The instant accident suffered injury to Plaintiff A, such as the closed alley of the two structural framed floor, e.g., e., e., e., bovine spongiformiform blood, malihal sap, and e.g., e., sappromul

Consolidatedly, Plaintiff B and C are the parents of Plaintiff A, and Plaintiff D are the births of Plaintiff A, and the Defendant is the insurer who has concluded the comprehensive automobile insurance contract regarding the Ghana vehicle.

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1-4 and 7 (including branch numbers, if any, and hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

B. According to the above facts of recognition, the defendant is liable for damages suffered by the plaintiffs as an insurer who entered into a comprehensive automobile insurance contract with respect to a household automobile.

C. The limitation of liability, however, in full view of the facts acknowledged earlier, can be acknowledged that the Plaintiff’s fault, etc. in the road in the Hangjin apartment complex, which was parked in the front of the vehicle parked in a place other than the crosswalk, overlaps with the illegal crossing, and caused the instant accident. Such circumstance appears to have influenced the occurrence and expansion of the damages caused by the instant accident, and thus, the Defendant’s liability is limited to 85% by taking into account the aforementioned negligence of the Plaintiff A.

(15%) The ratio of the plaintiff A's negligence is 15%). 2. Except as otherwise stated below, the scope of damages shall be as shown in the attached Form of Compensation Calculation Table and shall be 5/12% per month.