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(영문) 대구지방법원 2015.12.22 2014가단53919
손해배상(자)
Text

1. The Defendant: KRW 16,848,367 to Plaintiff A; KRW 2,00,000 to Plaintiff B; and each of them, from September 8, 2013 to December 2015.

Reasons

1. The fact that there exists no dispute or dispute, Gap evidence 1, 2, and 4, Eul evidence 1-1, 2, 3, 4, and Eul evidence 9-1, 2, 3, 4, 5, and 6 respectively, and the purport of the whole pleadings;

A. (1) On September 15:40, 201, Nonparty C driven the front road in the north-gu, Pohang-si, North Korea, by driving a self-power on September 8, 2013, and driving ahead of the road in the north-gu, Posing along the central line from the Triline to the Yongsan Culture Community Center.

At the same time, the plaintiff A operated the Oralba and proceeded along the two-lane distance from the direction of the Yongsan Residents' Center to the direction of the Oralba, while changing the course to the second two-lanes.

Ultimately, there was a conflict between the bicycle driven by Nonparty C and the plaintiff A's driving.

(hereinafter referred to as “instant accident”. (2) At the time of the accident, Plaintiff B is the mother of Plaintiff A, and the Defendant Company is the insurer who entered into a contract with the said C for the “Bradraf0904 Family Life Compensation Insurance”.

2. Determination

A. According to the above fact of recognition of the liability for damages, the defendant company is liable to compensate for damages suffered by the plaintiff A and the mental damage suffered by the plaintiff A due to the negligence that the defendant committed a bicycle with the central line and served while driving the bicycle.

B. Meanwhile, according to the evidence as seen earlier, the liability of the Defendant Company is limited to 70% in consideration of the following: (a) Plaintiff A was driving a road 40 km at a speed above 41 km and did not wear a safety cap; (b) Plaintiff A neglected the duty of explosion; and (c) Plaintiff A driven a motorcycle, while Plaintiff C driven a bicycle, she driven a bicycle to 70% in consideration of the circumstances where the bicycle was driven.

C. In addition to the separate statements below the scope of liability for damages, the calculation shall be made in accordance with the calculation method by deducting intermediate interest at a simple interest rate of 5/12 per month as shown in the separate statement of liability for damages, and it shall be for the convenience of calculation.

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