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(영문) 대구지방법원서부지원 2017.08.08 2015가단11681
손해배상(자)
Text

1. The Defendants jointly share KRW 13,520,81 to Plaintiff A, and KRW 1,00,000 to Plaintiff B, respectively, and KRW 300,00 to Plaintiff C and D.

Reasons

1. Occurrence of liability for damages;

(a) The facts subsequent to the facts of recognition may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1, 2, and Eul evidence 1 (including the number; hereinafter the same shall apply), the appraiser F, G, and H, the results of each physical appraisal commission to the appraiser F, G, and H, and the whole purport of the arguments.

(1) At around 10:00 on July 12, 2013, Defendant E driven an IBT vehicle on the road of 34-lane, Seo-gu, Daegu, Seo-gu, Seoul Special Metropolitan City Government Bond Compensation, and brought the back portion of the Plaintiff A’s J in a state of stopping in order to make a right-hand way before leaving the vehicle.

(hereinafter “instant accident”). (2) The Plaintiff A suffered injury, such as the cryp signboard escape certificate, etc., due to the instant accident.

(3) With respect to Plaintiff A, Plaintiff B’s spouse, Plaintiff C, and D are children.

Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter referred to as “Tsung Fire”) is an insurer who entered into an automobile insurance contract with Defendant E.

B. According to the above facts of recognition of the responsibility, Defendant E neglected his/her duty to safely check and operate the front bank well, and caused the instant accident to the Plaintiff A by negligence.

Defendant E is an operator, and Defendant Samsung Fire is jointly and severally liable for damages incurred to the Plaintiff as an insurer.

C. The Defendants asserts that the Defendants’ liability should be limited since they failed to wear a safety bell, and they erred by neglecting appropriate treatment, such as driving a 25 tons truck, etc. during the outpatient treatment period after the instant accident, thereby contributing to the occurrence or aggravation of symptoms.

However, there is no evidence to acknowledge the negligence of Plaintiff A, and there is no limitation on the Defendants’ liability.

2. In calculating the scope of liability for damages, a period shall be calculated on a monthly or yearly basis, and the amount of less than a month shall be the side in which the appraised amount is written.

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