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(영문) 수원지방법원 2017.09.15 2016나71744
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

Attached Form

With respect to the accident described in the list, the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 8, 2015, around 17:15, the Defendant: (a) driven a na vehicle (hereinafter “instant vehicle”) in the vicinity of Pyeongtaek-si apartment on the one-lane road; and (b) obstructed with the bicycles of D(7 years old) driving while driving the hond road.

(hereinafter “instant accident”). (b)

The front part of the instant vehicle was destroyed due to the instant accident.

C. The Plaintiff is the mother of D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 6, 7, 9 through 12, and 15 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of recognition above, the Plaintiff is liable to compensate the Defendant for damages caused by the instant accident, as the mother of D who is a minor who has no capacity to compensate for the damages, and the Plaintiff is negligent in protecting and supervising the Plaintiff.

(A) The Plaintiff asserted that there was the Defendant’s fault in the occurrence of the instant accident, but at the time, the site of the accident was a bend road, and D’s reverse situation, etc., the Plaintiff’s above assertion is rejected. 3. Scope of compensation for damages

A. The Plaintiff’s assertion 1) The Plaintiff is obligated to compensate the Defendant for damages within the scope of KRW 560,00,000, which is equivalent to 40% of the repair cost of the vehicle claimed by the Defendant, and KRW 100,000,00, which is equivalent to 40% of the repair cost of the vehicle claimed by the Defendant. 2) The Defendant, due to the instant accident alleged by the Defendant, was under conservation treatment at the hospital due to the following symptoms: the Defendant’s high blood pressure becomes worse, and the eromatic pressure becomes worse, the erode and tensions, the erode, the erosium and tension, the erosium and the erosium, the erosium and the erosium of the heavy eros, the unerosium and the erosium, and the erosium and the erosium were destroyed.

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