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(영문) 서울중앙지방법원 2015.02.06 2013가단5023375
손해배상(자)
Text

1. The Defendant’s KRW 631,655,820 as well as 5% per annum from March 24, 2011 to February 6, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. At around 12:00 on March 24, 201, B: (a) vehicles C (hereinafter “Defendant vehicles”)

) A driving of the vehicle and the left-hand turn to G from the Fari-distance intersection where the front on-and-off signal, etc. in Gwangju City is operated. At this point, it is a private-distance intersection where the crosswalk is installed, and thus, in proceeding to the left-hand turn, the driver neglected his duty of care to safely check the front-hand left-hand turn while neglecting the right-hand turn-hand turn-hand turn-hand turn-on, and caused the Plaintiff to suffer injury to the Plaintiff, by shocking the Plaintiff who cross the crosswalk in the above intersection to the left-hand side from the right-hand side of the Defendant vehicle to the front part of the Defendant vehicle (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, 4 through 10 (including paper numbers) and the purport of the whole pleadings

B. According to the fact of recognition of liability, the defendant is liable for the plaintiff's damage caused by the accident of this case as the insurer of the defendant vehicle.

C. However, the limitation of liability is limited, although the plaintiff's negligence was neglected in crossing the crosswalk in which the traffic control is not performed by the signal, even though it is necessary to examine well the safety at right and right in crossing the crosswalk, and such negligence of the plaintiff also caused the occurrence of the accident in this case and the expansion of damages. Therefore, it is reasonable to consider the amount of damages against the plaintiff in determining the amount of damages, but it is reasonable to consider the plaintiff's negligence as 10% in light of all the circumstances such as the circumstances of the accident in this case. Thus, the defendant's

2. Except as otherwise stated below within the scope of liability for damages, it shall be the same as each corresponding item of the attached Table of Calculation of Compensation Amount, and shall be for the convenience of calculation.

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