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(영문) 서울중앙지방법원 2015.07.03 2014나44856
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Occurrence of liability for damages;

(a)The following facts may be acknowledged, either in dispute between the Parties or in the entry in Gap evidence 1 to 4 (including the branch numbers attached with a serial number), by taking into account the overall purport of the pleadings:

1) D is a vehicle E at around 23:00 on March 26, 2006 (hereinafter referred to as the Defendant vehicle).

) While driving a vehicle and driving a road in front of the upper 515 square meters of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, along the one-lane from the offset section to the front 3-lane of the Nowon Police Station, and driving a vehicle in front of the upper 515 square meters, and driving a vehicle in front of the traffic signal in direct promotion to turn to the left, the Plaintiff, who was on board the vehicle, was faced with the F vehicle moving from the relay section to the offset section, was affected by the injury, such as the upper right section, the left section, and the left section 1 (hereinafter referred to as the instant accident).

(2) Plaintiff B and C are the parents of Plaintiff A, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle.

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case as the insurer of the defendant vehicle.

C. The defendant's assertion argues that since the plaintiff A did not wear the safety level at the time of the instant accident, the plaintiff A's above mistake contributed to the occurrence and expansion of the damage of the instant accident.

The written evidence No. 3 is insufficient to recognize that the Plaintiff A failed to wear a safety bell at the time of the instant accident. Since there is no other evidence to acknowledge it, the Plaintiff’s above assertion is without merit.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation 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 shall be calculated at the rate of 5/12 per month.

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