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(영문) 서울중앙지방법원 2015.12.09 2013가단5106904

손해배상(자)

Text

1. The Defendant: KRW 87,175,102 to Plaintiff A; KRW 3,00,000 to Plaintiff B; KRW 2,000,000 to Plaintiff C and D; and each of the above.

Reasons

1. Occurrence of liability for damages;

A. On December 30, 201, when Plaintiff A driven a vehicle E (hereinafter the Plaintiff’s vehicle) and driven a vehicle in the direction of Seoul at a point 133.2 km upstream the East-ri Coastal Highway, East-ri Coastal Road, which was driven in Seoul, due to a single accident, the Plaintiff’s vehicle was not driven by the first vehicle and the second vehicle, and continued to shock the Defendant’s vehicle into the left-hand side of the Plaintiff’s vehicle and shocked the Defendant’s vehicle. Accordingly, Plaintiff A suffered injury, such as cutting down and cutting down the front-hand side of the road and cutting down the front-hand side of the road. < Amended by Presidential Decree No. 20120, Dec. 30, 2011; Presidential Decree No. 20134, Feb. 2, 2011; Presidential Decree No. 20150, Feb. 1, 2005>

(hereinafter referred to as the "accident of this case").

The defendant is an insurer who entered into an automobile comprehensive insurance contract with respect to the defendant vehicle, and the plaintiff B's wife, the plaintiff C, and the plaintiff A's own consciousness.

C. Since the instant accident occurred due to the operation of the Defendant’s vehicle, the Defendant is liable to compensate the Plaintiffs for the damages caused by the instant accident.

[Ground of recognition] 1 to 4, 19, Eul evidence 1 to 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Limit of liability: Provided, That the Defendant’s liability is limited to 50% of the total damages in consideration of all the circumstances, such as the fact that the Plaintiff was negligent in failing to perform his/her duty of care in the front direction, the failure of the Defendant’s vehicle was not caused by the breakdown, and the instant accident occurred at night.

3. Under the scope of the liability for damages, the following facts may be acknowledged in full view of the purport of the entire pleadings as follows: (a) no dispute exists; or (b) the physical examination of the head of the Katol University, the Katol University, the Seoul Estop Hospital; and (c) the entrustment

In principle, the period of the calculation shall be calculated on a monthly basis, but it shall be less than the last month and KRW 1.0.