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(영문) 서울중앙지방법원 2015.12.23 2015가단5030193
손해배상(자)
Text

1. The Defendant: (a) against Plaintiff A, KRW 5,514,527, Plaintiff B, C, and D, KRW 100,00 for each of the said money and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. On December 11, 2014, E driving a G vehicle at the front intersection of Songpa-gu Seoul Metropolitan Government (hereinafter referred to as the “Defendant vehicle”) at the front intersection, Songpa-gu, Seoul (hereinafter referred to as the “Defendant vehicle”) and driving a U-turn at the center on the ten-lane road along which the Defendant vehicle was trying to drive a U-turn on the right-hand side of the vehicle, and accordingly, it conflicts with the H vehicle of Plaintiff A driver who left the left pursuant to the new subparagraph (hereinafter referred to as the “Plaintiff vehicle”), and thereby, the Plaintiff A suffered injury, such as light salt, tension, and in detail, due to such conflict with the vehicle of Plaintiff A driver who was on the right-hand side of the vehicle.

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

Plaintiff

B is the father of the Plaintiff A, the Plaintiff C, and the Plaintiff D, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle.

C. The accident of this case is caused by the operation of the defendant vehicle, and the defendant is liable to compensate the plaintiffs for the damages caused by the accident of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. In light of the degree of collision between the Plaintiff’s vehicle and the Defendant’s vehicle, the part and degree of the Plaintiff’s injury, it appears that the Plaintiff could not wear safety belts, and in light of the place and time of the accident, it appears that the Plaintiff could not have seen that there was a field trouble in view of the Plaintiff, and if the Plaintiff faithfully performed the duty of front-round space observation, the Defendant’s liability is limited to 90% by taking into account all the circumstances, including the fact that the accident

3. The following facts within the scope of liability for damages are either in dispute between the parties, or acknowledged by comprehensively taking account of the descriptions of the evidence Nos. 2-1, 2, and 1-2, the results of physical examination commissioned to the head of the Seoul Hospital at the Yeocheon National University and the purport of all pleadings

In principle, the period for the convenience of 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.

At the time of the accident, the amount of damages is present.

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