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(영문) 서울서부지방법원 2020.08.20 2018가단242256

손해배상(자)

Text

1. The Defendant shall pay to the Plaintiff A, KRW 6,132,518, KRW 5,399,118, KRW 4,928,815, and each of the above amounts.

Reasons

1. Basic facts

A. The plaintiff A and B are the husband and the plaintiff C(E) are the minor children, and the defendant is the insurer who has concluded the comprehensive automobile insurance contract for the defendant's vehicle (FFFF Grand vehicle).

B. At around October 28, 2016, G driven the Defendant’s vehicle on October 22:25, 2016, and turn to the left at the J Park from the side of the I School the Han River Hospital History distance in the Gu H during the Ansan-si period.

G received by negligence the front part of the Defendant’s vehicle, which was driven by the straight-line signal to the opposite right-hand turn in contravention of the signal, in front of the rocketing taxi (K) that was driven by the straight-line signal.

As a result, Plaintiff A, who was on board the cab head, suffered from injury such as brain dust, etc., injury to Plaintiff B, who was on board the back seat of the taxi, such as an injury to the scarhead, and injury to Plaintiff C, who was on board the back seat of the taxi, such as electronic alley, etc.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1 through 5 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings.

2. Occurrence of liability for damages;

A. According to the above facts of recognition, the plaintiffs suffered injury due to the operation of the defendant vehicle, and thus, the defendant is liable to compensate the plaintiffs for the damages caused by the accident of this case as the insurer of the defendant vehicle, unless there are special circumstances.

B. At the time of the instant accident limiting liability, the Plaintiffs did not wear the safety belts, and such negligence contributed significantly to the expansion of damages of the instant accident, and thus, the Defendant’s liability is limited to 90% each, taking this into account.

(10 per cent of the plaintiff's fault ratio) . [Grounds for recognition] Gap's evidence 9, Eul's evidence 1, 5, and 6, and the purport of the whole pleadings.

3. Except as provided below within the scope of the liability for damages, each applicable item of the amount of damages shall be the same as the amount of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than a month and less than a won shall be discarded.

The amount of damages at the time of the accident.