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(영문) 서울중앙지방법원 2015.12.09 2014가단185077

손해배상(자)

Text

1. The Defendant: (a) against Plaintiff A, KRW 347,746,360, and KRW 7,000,000 and each of the said money to Plaintiff B and C, respectively. < Amended by Presidential Decree No. 22509, Dec. 2, 2010>

Reasons

1. Occurrence of liability for damages and limitation on liability;

A. (1) On December 15, 2010, Plaintiff A suffered injury, such as the mouth cutting, saf, and safaf, by placing two faf in the E-freight (hereinafter “Defendant A”), which was driven in the direction of the old wave in the front direction of the D School in Goyang-gu, Yangyang-gu, Yangyang-gu, Seoul, along the opposite direction, along the red signal at the direction of the opposite.

(hereinafter referred to as the "accident". (2) The plaintiff B and C are the parents of the plaintiff A, and the defendant is the insurer who has concluded the comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Each entry of Gap evidence 1 to 3, 10 evidence, Eul evidence 1 to 4 (including numbers; hereinafter the same shall apply) and the video and the purport of the whole pleadings

B. The accident of this case, based on the liability, occurred in violation of the duty of care for the driver of the defendant vehicle, and the defendant is liable to compensate the plaintiffs for the damages caused by the accident of this case.

C. The Defendant’s liability is limited to 55%, taking into account all circumstances, such as the fact that the Plaintiff A without permission crossings the instant accident in violation of the signal, the fact that the instant accident is a two-lane main road from the doorsan to the old wave, and the crosswalk installed in front of the school.

2. The following facts within the scope of compensation for damage may be acknowledged either in dispute, or in full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 3, 4, and Eul evidence Nos. 13, and the results of a physical examination commissioned to the president of the Hospital of Gyeonghee University and

(Calculation's convenience period shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded. The current price calculation at the time of the accident of the amount of damages shall be in accordance with the fractional interest rate which deducts the interim interest at the rate of 5/12 per month. And it shall be rejected that the parties' arguments do not separately provide for.

Personal information on lost income (Plaintiff A): F18 years of age and 10 months of age at the time of the accident.