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(영문) 부산지방법원 2016.02.02 2013가단41291

손해배상(자)

Text

1. The Defendant: (a) KRW 21,275,784; (b) KRW 1,600,000 to Plaintiff C; and (c) each of them, from July 30, 2012 to February 2, 2016.

Reasons

1. Facts of recognition;

A. At around 11:05 on July 30, 2012, D driven the E Truck (hereinafter “victim”), and the building materials located in the Busan Sleep-dong (hereinafter “Sleep-dong”). On the front side of the same lane, vehicles were signaled. Since the front side of the vehicle procession, there was a blick-type truck whose number cannot be known, and in front, there was a flick-type truck (hereinafter “victim”) on which Plaintiff B was on board, and three vehicles were in turn in front of the damaged vehicle.

B. D was negligent in neglecting the duty of Jeonju, and caused the back portion of the said Poter to the front part of the said Poter, which led to the said Poter’s freight to be pushed down in the future, and the damaged vehicles and the vehicles in front of the said Poter’s freight turned down in sequence.

(hereinafter referred to as “instant accident”). C.

Plaintiff

C is the Plaintiff B’s child, and A is the Plaintiff’s spouse, and died on June 26, 2015, which was after the instant accident, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the piracy.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 3 (including each number), Eul evidence 3 and 4, and the purport of the whole pleadings

2. According to the above fact of recognition of liability for damages, the defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to a piracy, and is liable for the damages suffered by the plaintiffs due to the accident in this case.

However, Plaintiff B did not wear safety belts at the time of the instant accident, and the error by Plaintiff B caused the expansion of damage caused by the instant accident.

Therefore, the defendant's liability is limited to 90% in consideration of all the circumstances.

3. In principle, the period for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than the last won shall be discarded, and the current value shall be calculated at the time of the accident of the damages, 5/12 per month.