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(영문) 서울중앙지방법원 2017.06.23 2016가단62192
손해배상(자)
Text

1. The defendant shall pay to the plaintiff A KRW 263,639,525, and KRW 5,000,000 to the plaintiff B, and KRW 2,50,000 to the plaintiff C and D respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is a F-A-Wurn-Wurn-Wurged Automobile on August 12, 2015 (hereinafter referred to as “Defendant-Wurged Vehicle”).

) A drivered the Plaintiff, while driving a two-lanes of the two-lanes of H located in Ulsan-gun G, Ulsan-gun, U.S., one of the two-lanes of the two-lanes from the direction of the Tricheon-si, and the Plaintiff A, who dried the road, was placed on the ground by taking the Defendant’s front-hander part as the front-hander part, and the Plaintiff A was injured by the injury of the Plaintiff, such as an external blood transfusion under the part of the Defendant’s front-hander, which requires treatment of approximately twenty weeks (hereinafter “instant accident”).

(2) Plaintiff B’s spouse, Plaintiff C, and D are children of Plaintiff A, and 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, Gap 1-5, 10-12 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the recognition of liability and the recognition of the above limitation, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case as the insurer of defendant vehicle.

However, as the plaintiff A was negligent in crossing the roadway at night, and such negligence is deemed to have contributed to the occurrence of the accident and the expansion of damages in this case, the defendant's responsibility is limited to 75%.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal information: The name of time rental and the name of time rental of Plaintiff A at the end of life expectancy in the attached Table for calculation of damages shall be based on the physical appraisal date ( September 1, 2016).

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