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(영문) 서울남부지방법원 2018.08.28 2015가단226773
손해배상(자)
Text

1. The Defendant paid KRW 175,037,427 to the Plaintiff KRW 5% per annum from August 5, 2014 to August 28, 2018.

Reasons

1. Basic facts

A. B, around 15:00 on August 5, 2014, driving a vehicle owned by oneself (hereinafter “instant vehicle”) and driving a road in the mountain of the Chungcheongnam-gun budget-Eup, Chungcheongnam-do, Gabro hicked the Gabro while driving the instant vehicle (hereinafter “instant vehicle”).

(hereinafter “instant accident”). (b)

At the time, the Plaintiff, along with B, went to the top of the instant vehicle, and returned to the top of the instant vehicle. However, the Plaintiff was faced with the head of the instant vehicle on the wind that the instant vehicle shocked the diversst glass, and the Plaintiff suffered injury, such as cerebral cerebral flacing damage.

C. The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the instant vehicle.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Establishment of liability;

A. According to the above fact of recognition of the occurrence of liability for damages, the defendant is liable for damages sustained by the plaintiff due to the accident of this case as the insurer of this case.

B. Limit of liability, however, the Plaintiff’s negligence shall be deemed 20% and the Defendant’s responsibility shall be limited to 80%, taking into account the following circumstances: (a) the Plaintiff faces head with the wind that does not wear a safety level at the front seat of the vehicle in operation; and (b) the Plaintiff’s age, quality, physical condition, etc., together with the instant accident, may have an impact on the expansion of the Plaintiff’s damage.

As to this, the Defendant asserts that the Plaintiff should also take account of the Plaintiff’s negligence. However, in light of the relationship between the Plaintiff and B, the circumstances leading the Plaintiff to the instant vehicle, and the developments leading to the instant accident, etc., it is inappropriate to consider the Plaintiff as the grounds for reducing the amount of compensation.

3. The period for calculating the scope of liability shall, in principle, be calculated on a monthly basis, but last.

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