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(영문) 서울중앙지방법원 2016.05.26 2014가단232102
손해배상(자)
Text

1. The defendant is 1,00,000 won and money respectively to the plaintiff A, 25,279,765 won, and 18,721,239 won, and the plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

(a) Recognition 1) The following is the F Passenger Car: E is the F Passenger Car (hereinafter “Defendant Vehicle”).

) A driving of the vehicle and driving it toward the Youngcheon-si Gyeongsan apartment, and parked on the front of the laundry, with a strong slope. However, E was negligent in taking necessary measures for parking, such as operating the parking barc in the location of “parking (P)”, and neglecting to take necessary measures. By these negligence, the Defendant’s vehicle driven behind 46 meters depending on the slope, and the Plaintiff A and B, who was walking on the lower part of the laund (hereinafter “instant accident”).

2) As a result of the instant accident, Plaintiff A sustained injury, such as face and heat, while Plaintiff B suffered injury, such as multiple diversative coordinates.

3) The Defendant is an insurer that has entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle. 4) Plaintiff C and D are the parents of Plaintiff A and B.

【Ground for recognition】 The fact that there has been no dispute, Gap 1 through 5, the purport of the whole pleading

B. According to the facts of recognition of liability, the defendant is liable for the damages suffered by the plaintiffs due to the instant accident as the insurer of the defendant vehicle.

C. The limitation of liability: (a) the point where the instant accident occurred is 10.6 meters wide, and was lower at the time; (b) so, the Plaintiff and B were also negligent in neglecting the duty of care to safely walk the road after examining whether the vehicle was operated.

Therefore, the defendant's liability is limited to 90% considering the negligence of the plaintiff A and B as 10%.

2. Except as otherwise stated below within the scope of liability for damages, each corresponding item of the attached Table of Calculation of Compensation Amount.

In principle, the period for the convenience of the calculation shall be calculated on a monthly basis, but the period of 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, the parties' arguments.

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