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(영문) 대구지방법원 2012.12.07 2012가단4531
손해배상(자)
Text

1. The Defendant: KRW 60,607,824; KRW 1,000,000; and KRW 500,000 for the Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. The grounds for the responsibility (1) E driven a FF vehicle (hereinafter “Defendant vehicle”) around 01:40 on September 28, 2009, while driving the vehicle and driving the two-lanes of the front side of the apartment complex in the direction of the Daegu Suwon-gu Seosan-dong, the front side of the apartment complex, which is located in the direction of the Gugsan-gu, with the water negative distance flooding from the west-distance bank, received the Plaintiff A from the front side of the Defendant vehicle with the right side from the left side of the direction.

Due to its shock, Plaintiff A suffered injury, such as the bones of bones, bones, bones, etc., or the bones of body at the left bottom.

(hereinafter “instant accident”) (2) Plaintiff B is the wife of Plaintiff A, and Plaintiff C and D are the children of Plaintiff A, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle.

(3) According to the above facts, the defendant is responsible for compensating the plaintiffs for the damages suffered by the plaintiffs due to the accident of this case.

B. The limitation of liability is also erroneous for the Plaintiff A to cross the road without permission even though the crosswalk was placed in the vicinity by putting the clothes of the color fluent at night, and this is deemed to have caused the occurrence of the accident. Therefore, the Defendant’s liability is limited to 70% by taking into account that the negligence was 30%.

[Basis] Facts without dispute, Gap 1, 2, Gap 3's evidence 1 to 8, 9-1 to 7, 9, Eul 1-1, 2, and 3's evidence, witness G's testimony, the purport of the whole pleadings

2. In addition to the extent of compensation for damage, the items in the following table for calculating the amount of compensation shall be as follows, and in principle, the period for calculating the amount of compensation shall be calculated on a monthly basis, but less than the last month and less than one won shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of the interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

(1) Personal information: A list of damages calculated in attached Form.

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