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(영문) 서울중앙지방법원 2018.07.06 2017가단5186311

손해배상(자)

Text

1. The Defendant: (a) against Plaintiff A, KRW 663,035,704, KRW 18,000,000, and each of the above amounts to Plaintiff B and C, respectively. < Amended by Presidential Decree No. 26630, Oct. 1, 2015>

Reasons

1. Occurrence of liability for damages;

A. The recognition of recognition 1) E is a H vehicle (hereinafter referred to as “Defendant vehicle”) without turning headlights on the G restings (Bapos) parking lot located in the Seosan-si F around October 21, 2015, around 19:30, Seosan-si.

2) The Plaintiff A, who neglected the duty of the front-time care while driving the Plaintiff’s vehicle, received the said vehicle from the Plaintiff, and caused the Plaintiff’s injury to the blood, etc. under the external trauma, etc. (hereinafter “instant accident”).

(2) Plaintiff B is the wife of Plaintiff A, and Plaintiff C is the child of Plaintiff A, and the Defendant is the insurer who concluded an insurance contract with respect to the Defendant’s vehicle.

B. According to the above fact finding that the defendant's liability was recognized, since the plaintiff A sustained an injury due to the operation of the defendant's vehicle, the defendant is liable to compensate the plaintiffs for the damages caused by the accident of this case as the insurer of the defendant's vehicle

C. The Plaintiff A, at night, walked along the road at the expressway parking lot, and the Plaintiff A’s negligence contributed significantly to the occurrence of the instant accident and the expansion of damages. However, in light of the various circumstances shown in the pleading, the Plaintiff A’s negligence is deemed 10% and the Defendant’s responsibility is limited to 90%.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 4, 17 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Except as otherwise stated 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 calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

Plaintiff

A 1) The date on which the number of men I or I reaches: The date on which the number of men I or I reaches: December 16, 2023 (the name of the plaintiff A shall be the name of the plaintiff.