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(영문) 서울중앙지방법원 2018.06.28 2016가단5091294
손해배상(자)
Text

1. Medical treatment costs at the Symnas Hospital of the Plaintiff A’s major generation schools and the Guro University Hospital of Korea, 9,78.

Reasons

1. Occurrence of liability for damages;

A. Facts 1) D D D D Funst Engine around June 29, 2015 (hereinafter “Defendant Vehicles”) (hereinafter “Defendant Vehicles”).

ii) A driver’s license and run an intersection without a one-fourth distance signal, etc. in the Yellow Sea area in the south of the west of the west of the west of the west of the Republic of Korea to a side of the west of the west of the west of the west of the west of the Republic of Korea, and the said intersection was proceeding from the west of the west of the west of the Republic of Korea to the Masan-

) The front part of the Defendant’s vehicle was shocked on the left side of the Defendant’s vehicle (hereinafter “instant accident”).

(2) The Plaintiff A, who was on board the Plaintiff’s vehicle due to the instant accident, sustained injury, such as duplicative damage to the main body of the earth.

3) Plaintiff B and C are the spouse and children of Plaintiff A, and the Defendant is the insurer who has concluded the comprehensive automobile insurance contract for the Defendant vehicle. [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 4, Gap evidence 19 (including household numbers, the purport of the whole pleadings)

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

C. Limit of liability, however, the Plaintiff’s negligence, despite its duty of care to present the movement of a vehicle that proceeds in another direction while going through the intersection without signal, is deemed to have caused the occurrence of the accident. Therefore, the Defendant’s liability is limited to 90% in consideration of this duty.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed Table of Calculation of Compensation Amount, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than a month and less than a won 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, the parties' arguments are not stated separately.

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