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(영문) 창원지방법원 2015.07.24 2013가단9126
손해배상(자)
Text

1. The defendant shall pay to the plaintiff A KRW 17,916,706, and KRW 2,500,000 for each of them from August 5, 2010.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition D, around 18:15 on August 5, 2010, driving a F-car volume on the road in front of the Jindong-gu, Changwon-si, the road is not separated between the vehicular road and the delivery, and the Plaintiff A, who walked along the road at the right side of the direction, was shocked into the front part of the above vehicle, and due to the shock, the Plaintiff A fell into the front part of other vehicles parked on the right side of the above vehicle. Accordingly, the Plaintiff A suffered from injury, such as cerebril, which had no address open in the head, such as the throst, the pelle of the finger, the open part of the co, the part of the upper left and right part of the road.

(hereinafter “instant accident”). Plaintiff B and C are the parents of Plaintiff A, the victim of the instant accident, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the said F vehicle.

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

C. The limitation of liability, however, on the road where India and the roadway are not separated, as in the place of the accident in this case, the plaintiff's negligence has been recognized and has been neglected to have checked whether the vehicle was in operation and walk on the road. Such negligence shall be deemed to have resulted in the occurrence of the accident in this case and the expansion of damage. Therefore, the defendant's responsibility shall be limited to 90%.

(10 per cent of the plaintiff's fault ratio) . [Grounds for recognition] . [No dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 1 (including serial numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2.In principle, the period of time below the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than 10 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 arguments of the parties are rejected.

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