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(영문) 서울서부지방법원 2018.10.25 2017가단207584
손해배상(자)
Text

1. The Defendant: (a) from April 6, 2016 to Plaintiff A, respectively, KRW 2,00,000 to Plaintiff B and C, and each of them.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E is a FRati car at around 22:10 on April 6, 2016 (hereinafter “Defendant vehicle”).

2) On the other hand, the Defendant’s front part of the Defendant’s vehicle (hereinafter “instant accident”) was found to be the front part of the road crossing the road from the front part of the Defendant’s vehicle (hereinafter “instant accident”). The Defendant’s front part of the instant accident is the case where the Defendant’s front part was found to be the front part of the road, and the Defendant’s front part was the front part of the road (hereinafter “instant accident”).

2) As a result of the instant accident, Plaintiff A suffered injury, such as brain injury, etc., to less than two in a open room.

3) Plaintiff B and C are the parents of Plaintiff A, and the Defendant is the insurer who has concluded an automobile comprehensive insurance for Defendant vehicle. [Grounds for recognition] The fact that there is no dispute, A’s evidence Nos. 1 through 8, and 11 (including the serial number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

B. According to the facts as seen earlier prior to the recognition of liability, the Plaintiff sustained the injury due to the operation of the Defendant’s vehicle, barring special circumstances, the Defendant is liable for compensating the Plaintiffs for the damages caused by the instant accident as the insurer of the Defendant vehicle.

C. However, according to the evidence as seen earlier, the Plaintiff’s fault, while making a mobile phone at night at the time of the instant accident, was in excess of the central separation zone, and the Plaintiff’s fault was caused by the occurrence and expansion of damages caused by the instant accident. Therefore, the Plaintiff’s negligence is deemed to be 45% and the Defendant’s liability is limited to 55%.

2. In addition to the matters stated below within the scope of liability for damages, each item of the annexed Table 1 for the calculation of damages, and the period for the convenience of the calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be 5/12 per month.

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