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(영문) 서울중앙지방법원 2018.07.20 2016가단5303829
손해배상(자)
Text

1. The Defendant’s KRW 382,653,141 as well as the Plaintiff’s annual rate from May 28, 2016 to July 20, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B around 16:24 May 28, 2016, driving CKaren car and making a non-protected left-hand turn from the south-gu Reserve Forces' entrance to D store at the south-gu Reserve Forces' training place located in Samsungcheon-gu, Nam-gu, Chungcheongnam-gu, Namcheon-gu, Yancheon-gu, Namcheon-gu, Namcheon-gu, and made a non-protected left-hand turn to D store at the right-hand turn on the opposite line, and the E driver's Frid CBR Flade Bade (954C, 2003, hereinafter referred to as "Plaintiff Oba").

2) The Plaintiff’s front part of the Defendant’s vehicle, as part of the right side of the Defendant’s vehicle, she was found to find out and move to avoid this (hereinafter “instant accident”).

2) According to the instant accident, E died due to severe damage to the destruction of evidence, etc. (hereinafter “E”), and the Plaintiff’s urbane was destroyed and scrapped.

3) The Plaintiff is the father of the Deceased, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with the Defendant for the Defendant’s vehicle. 【Ground of recognition’s absence of any dispute, Gap’s No. 2,7, 8, 13, and 29, Eul’s evidence No. 3 (including all family cards attached with a serial number, each of the images of No. 5 and 6, and the purport of the entire pleadings

B. According to the above recognition of liability, the Defendant, as the insurer of the Defendant’s vehicle, has died due to the operation of the Defendant’s vehicle, barring special circumstances, is liable to compensate the deceased and the Plaintiff for the damages caused by the instant accident.

C. The limitation of liability is limited, however, because the deceased was in violation of the speed limit of 80km/h and continued to speed 115km/h to 128km/h and did not avoid the Defendant’s vehicle, such circumstances should be considered in calculating the amount of damages that the Defendant would compensate, but the Defendant’s liability should be limited to 70% by deeming the deceased’s negligence to be 30%.

2. Except as otherwise stated below within the scope of liability for damages, the calculation shall be the same as each corresponding item in the separate list of damages calculation.

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