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(영문) 춘천지방법원원주지원 2017.08.23 2015가단33594

손해배상(자)

Text

1. The Defendant: (a) against Plaintiff A, KRW 2,00,00 and each of the said money to Plaintiff B, C, D, E, and F, respectively; and (b) on March 2013.

Reasons

1. Basic facts

A. At around 19:20 on March 20, 2013, G: (a) while driving a HJ Habpibrobbfing vehicle (hereinafter “H-Wing vehicle”) and driving ahead of the J, located in G in the Daegu-gu Dong-gu, along one-lanes in the direction of the distance from the intersection distance to the angle of the two-lane distance, G was received from the Plaintiff, who unauthorizedly crossed the road from the left side to the right side of the Ying vehicle.

(hereinafter “instant accident”). B.

Plaintiff

A was injured by the accident of this case, such as both sides and right side leaves on both sides, gymnasium, gymnasium, and establishment of a right sludge.

C. The Plaintiff B, C, D, E, and F are children of Plaintiff A, and the Defendant is an insurance company that entered into a comprehensive automobile insurance contract with the owner G of the Literacy Vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 2-1 to 21, or the purport of the whole pleadings

2. According to the fact that the occurrence of liability for damages and the limitation of liability are recognized, the defendant is an insurer of a sea-going vehicle and is obliged to compensate the plaintiffs for the damages caused by the accident of this case.

However, according to the statements or images set forth in subparagraph 2-1 to 21 of the evidence Nos. 2-1 to 21, the Plaintiff’s fault in crossing the road without permission is deemed to have caused the occurrence and expansion of damages arising from the instant accident. Therefore, the Plaintiff’s fault shall be considered as a result of the Plaintiff’s negligence, but the location of the instant accident is a two-lane and four-lane road; the Plaintiff’s unauthorized crossingd the crosswalk at a point 35.9 meters away from the location of the instant accident; and the Defendant’s liability is limited to 25% by considering the following circumstances: (a) the Plaintiff’s fault ratio was 25% at night at the time of the instant accident; and (b) the Defendant’s liability is limited to 75%.

3. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The amount of damages at the time of the accident.