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(영문) 광주지방법원 2018.05.02 2017가단549
손해배상(자)
Text

1. The defendant against the plaintiff Gap 7,840,436 won, the plaintiff Eul 1,00,000 won, and 300,000 won and each of the above money.

Reasons

1. Occurrence of liability for damages;

(a) Fact-finding 1) Nonparty E is a FRati car on November 10, 2016, around 06:25, around November 10, 2016 (hereinafter referred to as “FRati car”).

2) On the other hand, the head of the Si/Gun/Gu, driving a vehicle, and driving a road in front of the Si/Gun/Gu, using two lanes in the direction of the Si/Gun/Dong in the direction of the H store located in G. 2) E, driving a vehicle in front of the Si/Gun/Gu, finds the Plaintiff A who was crossinging the road from the opposite direction to the road in the direction of the direction to the direction of the proceeding, but it did not reach the latter part of the accident vehicle, having the Plaintiff A go beyond the two-lane.

(hereinafter referred to as the "accident". The plaintiff A suffered injuries, such as the frame of the Maliban and the warning team, the salt and tension of the Maliban and the warning team, and the pathal of the pathal.

3) Plaintiff B is the spouse of Plaintiff A, and Plaintiff C is an insurance company that entered into an automobile comprehensive insurance contract with respect to the accident vehicle. The Defendant is an insurance company that entered into an automobile comprehensive insurance contract with respect to the accident vehicle. The facts that there is no dispute between Plaintiff B and K (based on recognition), A1 through 5, A7, A1 through 3 (each entry, including paper numbers, and the purport of the whole pleadings and arguments).

B. Under Article 3 of the Guarantee of Automobile Accident Compensation Act (Liability) and Articles 724 and 726-2 of the Commercial Act, the Defendant is liable to compensate for all damages suffered by the Plaintiffs due to the instant accident.

C. According to the evidence as seen earlier prior to the limitation of liability, the Plaintiff was at fault, even at a place that is not far away from night, going beyond the central separation zone of the six-lane road, and the Plaintiff’s negligence was one of the causes for the expansion of damages caused by the instant accident, and thus, the Defendant’s liability is limited to 70% in consideration of all the circumstances.

2. In principle, the period of calculating the scope of compensation for damage shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;

The amount of damages.

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