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(영문) 서울중앙지방법원 2018.06.08 2016가단5034918
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 11,442,796, Plaintiff B, and C, respectively, and each of the said money from November 30, 2017.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D, an acting driver, is the F vehicle owned by E around 01:00 on October 25, 2015 (hereinafter “Defendant vehicle”).

(A) While driving his/her vehicle and driving his/her vehicle at the port of the direction of the Defendant vehicle, while driving his/her vehicle at the port of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the traffic (hereinafter “instant accident”).

2) The Plaintiff A suffered an injury, such as the former and the latter half of the year, the latter half of the year, and the latter half of the year, due to the instant accident.

3) The Plaintiff B and C respectively are the father and mother of the Plaintiff A. The Defendant is the insurer who entered into a comprehensive automobile dealing business entity’s insurance contract with respect to liability insurance for personal injury 2, liability insurance for personal injury, self-physical accident, and self-motor vehicle damage by making D the insured. 4) The injury inflicted by the Plaintiff A due to the instant accident falls under class 5, class 19 (former Enforcement Decree of the Automobile Accident Compensation Guarantee Act (hereinafter “former Enforcement Decree of the Automobile Accident Compensation Act”) of attached Table 1, class 12, class 7 of attached Table 2 (Article 9,00,000,000, and KRW 12,50,000,000 of the injury insurance proceeds, and KRW 12,50,000 of the late disability insurance proceeds.

[Ground of recognition] without any dispute, Gap evidence 1-1, 2, Gap evidence 3, 4, Eul evidence 5 and 7, and the result of the physical examination commissioned to the head of the relevant court in 1,00 local university and Seoul Hospital, and the purport of the whole pleadings

B. According to the above recognition of liability, the Defendant sustained the injury of the Plaintiff due to the operation of the Defendant’s vehicle, barring any special circumstance, and thus, barring any special circumstance, the Defendant shall compensate for the amount exceeding the liability insurance for automobile accident compensation under the Guarantee of Automobile Accident Compensation Act (hereinafter “Personal Compensation I”) out of the damages suffered by the Plaintiffs due to the instant accident.

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