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(영문) 서울중앙지방법원 2017.06.21 2016가단5034390

손해배상(자)

Text

1. The Defendant: (a) KRW 54,536,585; and (b) KRW 2,00,000; and (c) KRW 700,000 for Plaintiff C and D, respectively, and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. A. A around 01:00 on July 18, 2015, E operated a bicycle on the bicycle lane of the Han River and proceeded with the bicycle for a long time from the Han River basin. If so, E had a duty of care not to shock the bicycle coming from the opposite part by turning on the head of the headlights operating a bicycle and driving it to the right side of the bicycle central line. Nevertheless, E, without turning on the head of the headlights, has driven a bicycle with the central line, driving the bicycle in both directions of the bicycle road, prone and prone. E, from the Han River basin at the Han River basin at the Han River basin, was a bicycle operated by the Plaintiff A while driving the bicycle on the Han River basin, resulting in damage to the right-hand shoulder-gu stringelelel, etc., and damaged the Plaintiff’s bicycle (hereinafter “instant accident”).

The defendant's assertion that is contrary to the above recognition is not accepted by all.

(2) Plaintiff B is the spouse of Plaintiff A, and Plaintiff C and D are children of Plaintiff A.

3) The Defendant is an insurer who entered into an insurance contract with F and the new health insurance era health partnership insurance, and the above insurance contract includes E as the insured. [Grounds for recognition] The fact that there is no dispute, and Gap evidence Nos. 1 through 4 (including the branch number; hereinafter the same shall apply).

- Evidence No. 11-4, No. 11-2, No. 1-2, and the purport of the whole pleadings

B. According to the fact of recognition and limitation of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

(10% of the defendant's liability) 2. In addition to the items separately stated below the scope of the liability for damages, the corresponding items of the attached Table of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident is based on the rate of 5/12 per month.