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(영문) 수원지방법원 2015.05.01 2014가단51233
보험금
Text

1. The Defendant: (a) KRW 115,605,248; and (b) KRW 69,403,49; and (c) each of them to Plaintiff A, from May 15, 2014 to May 15, 2015.

Reasons

1. Occurrence of liability for damages;

A. (i) On May 15, 2014, at around 16:05, C, driving a DD 7 car (hereinafter “Defendant vehicle”) and driving the F-do road in front of the wife population E at the permissible time, was negligent in performing the duty of front-rounding, while neglecting the duty of front-rounding, while driving a three-distance road at the intersection in front of the yellow TCC at the direction of the road in front of the street room, and as soon as possible due to excessive negligence, G from the front of the tourist bus parked on the right side of the running direction of the Defendant vehicle, was not avoided, and was received in front of the right side of the Defendant vehicle.

(hereinafter referred to as the “instant accident”). The instant accident suffered injuries, such as the pelvise and the string of alley, etc., G was killed in the low blood shock on the same day.

Consolidatedly, Plaintiff A’s spouse and Plaintiff B are children of G, and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Grounds for Recognition: Facts without dispute; Gap's statements in Gap's 1-3, 6, 7, 9; Eul's 1 and 3 (including branch numbers, if any); the purport of the whole pleadings]

B. According to the above facts of recognition, the defendant is an insurer who entered into a comprehensive automobile insurance contract with the defendant vehicle, and is liable for damages suffered by G and the plaintiffs due to the accident in this case.

C. The limitation of liability: (a) comprehensively taking account of the facts acknowledged earlier, the fact that G competes with a one-lane road in front of a tourist bus stopped in a place other than a crosswalk to the point where the accident of this case occurred; and (b) such circumstance appears to have influenced the occurrence and expansion of damage caused by the accident of this case; (c) therefore, the Defendant’s liability is limited to 80% by taking account of the foregoing negligence of G.

(G) The ratio of negligence shall be 20%). 2. The period for the convenience of calculating the scope of compensation for damages shall be calculated on a monthly basis in principle, but less than a month shall be the side on which the appraised value is written.

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