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(영문) 서울중앙지방법원 2015.12.23 2013가단135099
손해배상(자)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) KRW 1,00,000, respectively, to Plaintiff B, C, and D and its related thereto from March 13, 2010 to December 23, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

A. On March 13, 2010, at around 06:00, Plaintiff A was on the backside of the Epoter Cargo (hereinafter referred to as the “accidented Vehicle”) and was on the motorway between Jyang-si, Jyang-si, Jyang-si, the 8-2 Salympima in Jin-si, Jyang-si, Jyang-si, left the exclusive road between Jini-si and Hohyeong-do, at the Jini-gu, Jini-si, Jin-si, and caused the instant accident to be caused by the retaining wall installed on the side of the opposite lane, by cutting off the ice on the opposite lane, and thereby, caused the instant accident, such as the ice and tension of the bones, the salt and tension of the neck, and the tension, etc.

(hereinafter referred to as the "accident of this case").

Plaintiff

B is the identity of the plaintiff A, and the plaintiff C and D are the children of the plaintiff A, and the defendant is the insurer who has concluded the comprehensive automobile insurance contract with respect to the defendant's vehicle.

C. Since the instant accident occurred due to the operation of the instant vehicle, the Defendant is liable to compensate the Plaintiffs for the damages caused by the instant accident.

[Ground of recognition] Each entry and video of Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. The Defendant’s liability is limited to 95% because the Plaintiff A did not wear safety belts.

(3) The Defendant asserts that the Plaintiff should reduce the number of passengers on the same line of duty as the instant accident occurred while working together with the driver and the driver of the instant vehicle without any consideration. However, the Defendant’s compensation liability is not limited to the above reasons. The following facts are considered as follows: (a) there is no dispute between the parties; (b) there is no evidence between the parties; (c) the details of evidence Nos. 4, 9, 11, and Nos. 1 through 8; and (d) the result of the Defendant’s physical examination on the head of the Korea University Hospital, the Korea National University Black Hospital, the Korea Medical Association, the Seoul National University Hospital Hospital, and the head of Korea University Hospital.

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