beta
(영문) 서울중앙지방법원 2013.10.18 2011가단177112

손해배상(자)

Text

1. The defendant shall pay to the plaintiff A 424,804,954 won, the plaintiff B, and C each of the above amounts of KRW 5,00,000 and each of the above amounts. < Amended by Presidential Decree No. 21035, Dec. 9, 2008>

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D is the Egypted vehicle on December 19, 2008 (hereinafter “Defendant vehicle”) around 19:10 on December 9, 2008

2) In the case of an accident of this case, the Plaintiff 1, who was in the front passage of the building in front of the Suchip Building in the Suchip transfer Dong of Suwon-si, was faced with the injury of the Plaintiff, which caused the Plaintiff to be injured by the erode salt, the left erode of the erode, the erode of the erode, the erode of the erode, and the erode of the erode to the erosp

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

[Ground of recognition] Facts without dispute, Gap 2, 3 (including virtual number; hereinafter the same shall apply) and 8, the purport of the whole pleadings

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

C. However, according to the above evidence, the plaintiff also recognized that it was shocked by the defendant's vehicle that was left behind the road that is divided into the sidewalk and the roadway. Thus, even if the plaintiff's vehicle was left behind on the road at night, the plaintiff's negligence of neglecting the above road due to the plaintiff's negligence, and the plaintiff's error also caused the occurrence of the accident of this case.

In addition, even if the damage is caused or expanded by competition between the harmful act and the harmful act, and the factors of the injured party are irrelevant to the causes of the injured party, such as the physical nature of the injured party or the risk of the disease, if it is contrary to the principle of fairness to compensate the injured party for the whole damage in light of the form and degree of the disease, etc., if it is contrary to the principle of comparative negligence, the court shall set the amount of damages and apply mutatis mutandis to the occurrence or expansion of the damage.