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(영문) 서울중앙지방법원 2014.11.25 2013가단130476

손해배상(자)

Text

1. As to Plaintiff A’s KRW 246,01,789, and KRW 2,00,000 to Plaintiff B, and each of the said money from September 23, 2011 to September 2014.

Reasons

1. Occurrence of liability for damages;

A. At around 23:45 September 23, 201, C is the Defendant’s vehicle (hereinafter “Defendant’s vehicle”).

2) On the other hand, the Plaintiff, who was walking on the right side from the left side of the Defendant’s driving direction, was injured by the injury, such as the mouths of the two structural frame of the Defendant’s vehicle (hereinafter “instant accident”) by shocking the Plaintiff, who was walking on the right side from the front side of the Defendant’s driving direction, while driving the front side of the underground parking lot of the building E in the above underground parking lot and driving it to the left side of the yellow road (hereinafter “instant accident”).

(2) Plaintiff B is the wife of Plaintiff A, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 8 (including each number), the purport of whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case as the insurer of the defendant vehicle.

C. Limit of liability, however, since the accident site in this case to the plaintiff A is an underground parking lot where the passage of the vehicle is anticipated, it shall be deemed that the plaintiff has a duty to make his own stop by well examining whether the vehicle is emitted from the underground parking lot, and considering the aspect that the damage is fair and reasonable share, it is reasonable to limit the defendant's responsibility to 80%.

(2) Except as otherwise stated below within the scope of liability for damages, the relevant item of the attached Table of the calculation of damages shall be the same as the corresponding item 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 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.

Personal information on daily income: Attached Form 1.