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(영문) 서울남부지방법원 2018.05.24 2016가단206844
손해배상(자)
Text

1. The Defendant: (a) KRW 95,561,260 to Plaintiff A; (b) KRW 23,358,485 to Plaintiff B; and (c) from July 5, 2013 to each of the said money.

Reasons

1. Occurrence of liability for damages;

A. At around 06:00 on July 5, 2013, D, while driving a vehicle E (hereinafter “Defendant vehicle”) and driving a one-lane in front of the G cafeteria in F in the direction of the court at the time of Pakistan, he skeed the center line by driving the G cafeteria in the direction of the wind gate from the room of the court, and shocked the part of the H vehicle, which is in progress on the adjacent one lane (hereinafter “Plaintiff vehicle”), into the front part of the driver’s seat and the fenced part of the Defendant vehicle in front of the seat of the vehicle.

(hereinafter “instant accident”). In the instant accident, Plaintiff A, the driver of the Plaintiff’s vehicle, suffered injuries, such as cutting down the upper left door of the front door and crushing of the front door of the front door, and Plaintiff B, the passenger of the Plaintiff’s vehicle, suffered injuries, such as liver heat, sludge damage, etc.

The defendant is an insurer who has entered into a comprehensive automobile insurance contract regarding the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 7, 9, 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

C. As to the limitation of liability, the Defendant asserts that the damage was increased due to the mistake that the Plaintiffs did not wear the safety belt at the time of the accident, but it is difficult to readily conclude that the Plaintiffs did not wear the safety belt at the time of the accident only with the images of the evidence No. 1.

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 current value calculation at the time of the accident shall be the one that deducts the interim interest at the rate of 5/12 per month.

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