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(영문) 서울중앙지방법원 2015.02.10 2013가단78240
손해배상(자)
Text

1. The Defendant: (a) to Plaintiff A, KRW 99,414,191, and KRW 2,00,000 to Plaintiff B, and KRW 1,00,000 to Plaintiff C and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) D are the E Car (hereinafter “Defendant Vehicle”) around August 17, 2012, around 17:13, 2012.

2) On the other hand, Plaintiff A’s front part of Plaintiff A’s driving on the opposite part of Defendant A’s vehicle, who had been driving on the road in front of the 241 Hyundai Amphac apartment, Jung-gu, Seoul, by negligence, who neglected the duty of the front line while driving the road in front of the non-protection line from the ridge area to the middle line, and caused the said Plaintiff to suffer an injury, such as the opening of the right line (hereinafter referred to as “instant accident”).

(2) Plaintiff B is the wife of Plaintiff A, and Plaintiff C is the child of Plaintiff A, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 9, and the purport of the whole pleadings

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case as the insurer of the defendant vehicle.

C. Limit of liability: Provided, however, in light of the fact that Plaintiff A suffered from the arms and legs due to the instant accident, as seen below, the fact that the said Plaintiff did not wear safety belts at the time of the instant accident may be inferred, and such error by the said Plaintiff was caused by the expansion of damages, the Defendant’s liability shall be limited to 90% by taking into account this.

(10% of the above plaintiff's negligence ratio) 2. The same item shall be the same as the corresponding item of the attached Table of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 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 parties' arguments are not stated separately.

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