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(영문) 광주지방법원 2019.05.24 2017나56505
손해배상(자)
Text

1. Of the part against the plaintiff (Counterclaim defendant) in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid.

Reasons

1. Judgment on the plaintiffs' main claim

A. (1) The occurrence of the liability for damages (A) The Plaintiff is the child of the Plaintiff, B, C, and D, who was involved in the traffic accident while driving a business taxi.

F is an insurance company that entered into a comprehensive motor vehicle insurance contract with F, the owner of the instant motor vehicle, who caused a traffic accident while driving a G self-furd motor vehicle (hereinafter referred to as “instant motor vehicle”).

(B) Around 03:00 on July 12, 201, F driven the instant accident vehicle and operated the road adjacent to the Seo-gu Pungam reservoir in Seo-gu, Seo-gu, Seo-gu, Gwangju, and caused an accident that conflicts with the front part of the taxi for business use of Plaintiff A (hereinafter “instant accident”).

(C) The Plaintiff A suffered injury, such as the upper right-oriented frame, the upper left-hand pelke, the upper-hand pelke, the upper-hand pelke, the upper-hand pelke, the upper-hand pelke, the upper-hand pelke and the upper-hand peltomal complete damage, the upper-hand pelke, and the peltomal vegesis damage.

[Ground of recognition] The defendant is liable to compensate the plaintiffs for all damages suffered by the accident of this case pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act (Liability for Automobile), Articles 724 and 726-2 of the Commercial Act (Liability for Compensation by Insurer).

(3) According to the evidence as seen earlier prior to the limitation of liability, the Defendant’s liability is limited to 90% on the ground that the Plaintiff was negligent in failing to wear the safety labelling at the time of the instant accident.

(b) 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 1 shall be discarded.

The current price calculation at the time of the accident is 5/12 per month.

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