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(영문) 서울중앙지방법원 2016.01.29 2014가단5260249
손해배상(자)
Text

1. The Defendant: (a) KRW 370,211,989 to Plaintiff A; (b) KRW 2,00,000 to Plaintiff B; and (c) from April 5, 2014 to January 5, 2016 to each of them.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a D car at around 20:25 April 5, 2014 (hereinafter “Defendant vehicle”).

(2) The Plaintiff, while driving his vehicle and driving his vehicle, she gets off three-lanes in violation of the signal from the offscopic distance from the offscopic city in Daejeon-gu, Daejeon-gu, the Plaintiff, who was a U-turn beyond the central line, sustained the Plaintiff’s injury of blood transfusion, etc. (hereinafter “instant accident”).

(2) Plaintiff B is the Plaintiff’s child, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle.

[Ground for Recognition: Unsatisfy Facts, Gap evidence 1 and 2 (including branch numbers, if any); hereinafter the same shall apply)

(1) No. 1, B’s evidence, the purport of the entire pleadings

B. According to the above facts, the defendant, the insurer of the defendant vehicle, is liable for the damages suffered by the plaintiffs due to the accident of this case.

C. The limitation of liability is limited, however, that the Plaintiff A was also at a place where a U-turn is prohibited, and the Plaintiff A was also at a three-lane opposite to the other. Such errors were caused by the occurrence of the instant accident and the expansion of damages. Therefore, the Defendant’s liability is limited to 50% in consideration of such circumstances.

The defendant asserts that since the plaintiff A did not wear safety caps, such circumstances should also be considered as grounds for limitation on liability. However, there is no evidence to prove that the above plaintiff failed to wear safety caps at the time of the accident in this case, the above assertion is rejected.

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 price at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.

In addition, the parties' arguments are separate.

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