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(영문) 서울중앙지방법원 2015.11.12 2014가단5024085
손해배상(자)
Text

1. The Defendant: (a) KRW 15,630,661 to Plaintiff A; and (b) KRW 6,730,000 to Plaintiff B; and (c) from November 3, 2010 to November 12, 2015 to Plaintiff B.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition showed that C, around 07:03 on November 3, 2010, driven D Costex vehicles and proceeded in two-lanes of the entrance distance of the new-end apartment under the south Part-1, Yangcheon-gu, Seoul, 994-1, along the south cycle, at a four-lane road at the entrance of the new-month apartment, and was stopped under the new subparagraph at the front section of the Plaintiff A driver, who was stopping under the new subparagraph at the front section of the said vehicle (hereinafter “the instant accident”). Accordingly, the Plaintiff A (FF female) suffered injury, such as the climatic and the climatic base, and the Plaintiff B (G male male) who was on the back of the AF vehicle, suffered injury, such as the aggravation of the fluoral fission, etc.

The defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract for Lone Star Motor Vehicle operated by C.

[Evidence] Documents Nos. 3, 4, 8, and 9, the purport of the whole pleadings

B. According to the above facts as to the occurrence of liability, C is liable for compensating the Plaintiffs for the damages suffered by the Plaintiffs due to the instant accident, since C had caused the instant accident while driving the said Costex vehicle.

C. The Defendant asserts that the responsibility of the Defendant should be limited because the Plaintiffs did not fasten the safety belt at the time of the instant accident. However, there is no evidence to prove that the Plaintiffs did not fasten the safety belt at the time of the instant accident. Therefore, the Defendant’s assertion is difficult to accept.

2. The current cost shall be calculated in accordance with the calculation method by the heading-man formula, which deducts intermediate interest at a simple interest rate of 5/12 per month of the scope of liability for damages, and any fraction of less than a month and less than a won for the convenience of the calculation shall be discarded.

[Based on recognition] Gap evidence Nos. 6, 7, and 12, Eul evidence Nos. 8 and 9, the result of the physical commission to the director of the National University of Ethical Culture and the result of fact inquiry, the purport of the whole pleadings

(a) Personal information (Plaintiff A) : Income remaining between 43 and 2 at the time of the instant accident: The amount equivalent to the daily wage of an urban ordinary worker.

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