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(영문) 서울중앙지방법원 2016.01.13 2013가단5144081
손해배상(자)
Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 4,00,00, KRW 1,570,411, and KRW 1,000,00 for the Plaintiff C, and the above amount.

Reasons

1. Occurrence of liability for damages;

A. On December 14, 2012, Plaintiff A suffered bodily injury, such as cutting off the crosswalks at the new-dong-gu, Daegu-gu, Daegu-gu, about 19:05, to the G-wheeled Vehicle (hereinafter referred to as the “A-wheeled Vehicle”) of F-operation, which was driven by the ordinary apartment room in the upper-class middle school from the strong middle school room, and then cutting off the frame at the bottom of the upper mouth of the left mouth, the outer reproduction of the outer uppermost, etc.

(hereinafter referred to as the "accident of this case").

Plaintiff

B and C are the parents of Plaintiff A, Defendant D is the owner of the E-wheeled Vehicle, Defendant E is the F-user who is the driver of the E-wheeled Vehicle, and Defendant D non-life insurance Co., Ltd. (hereinafter “Defendant D non-life insurance”) is the insurer who has concluded the liability insurance contract concerning the E-wheeled Vehicle.

C. The instant accident occurred from the operation of the B-wheeled Motor Vehicle. Thus, the Plaintiffs, Defendant B, and C are liable to compensate the Plaintiffs for the entire damages caused by the instant accident, and Defendant B-C are liable to compensate for the damages suffered by the Plaintiffs within the scope of liability insurance.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, Eul evidence No. 1, and Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Scope of damages.

A. According to the evidence No. 6, the fact that Plaintiff B spent KRW 570,411 as the medical expenses of Plaintiff A is recognized. Thus, it is recognized as the property damage of Plaintiff B.

B. The consolation money shall be KRW 4,00,000, and KRW 1,000,000, respectively, as consolation money of Plaintiff A, in consideration of all the circumstances shown in the pleadings of the instant case, including the developments leading up to the instant accident, the circumstances after the accident, the Plaintiff’s age, the part and degree of injury, and the treatment progress.

C. Although Defendant D non-life insurance competes with each other in the occurrence of the instant accident, the Plaintiffs’ negligence should be considered in calculating the damages of the Plaintiffs. However, the instant accident occurred to the Plaintiffs.

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