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(영문) 부산지방법원 2017.11.14 2016가단322007
손해배상(자)
Text

1. The Defendant: 59,864,237 won to Plaintiff A; 1,50,000 won to Plaintiff B; 3,000,000 won to Plaintiff C; and 500 won to Plaintiff D.

Reasons

1. Basic facts

A. On December 26, 2015, E driven a F-Motor vehicle (hereinafter “Defendant vehicle”) around 17:50 on December 26, 2015, causing an accident where Plaintiff A, who was a driver of a crosswalk without signal lights on the above road, was shocked in front of the Defendant vehicle while driving a road in front of H real estate located in the Busan-gun G, Busan-gun (hereinafter “instant accident”).

B. In the instant accident, Plaintiff A suffered bodily injury, such as plehovah, bruthing of the upper part of the pathal, fladaling of the left-hand pelle, cerebral pelle, etc.

C. Plaintiff B and C are the parents of Plaintiff A, and Plaintiff D are the students of Plaintiff A, and the Defendant is the insurer who entered into an automobile comprehensive insurance contract with the Defendant vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding that the accident in this case occurred due to the negligence of Defendant E, who violated the duty of temporary suspension in front of the crosswalk and neglected the duty of full-time care, so the Defendant, the insurer of Defendant vehicle, is liable to compensate the Plaintiffs for the damages caused by the accident in this case.

However, the defendant's liability is limited to 95% in consideration of these points and all other circumstances shown in the argument of this case, since the plaintiff A is negligent in failing to perform his duty of care to examine whether there is a vehicle driving the road in crossing without signal lights at night or not.

3. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded, and the current value calculation at the time of the accident of damages shall be in accordance with the simple interest rate which deducts intermediary interest at the rate of 5/12 per month, and it shall be deemed to have been rejected that which is not written among the parties' arguments; and

(a) Personal information 1): I-born female (accident.

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