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(영문) 서울중앙지방법원 2016.07.19 2014가단262912
손해배상(자)
Text

1. The Defendant: (a) on January 17, 2013, the Plaintiff KRW 1,00,000 for each of the said KRW 46,212,886 to Plaintiff A, and each of the said KRW 1,000 for Plaintiff C and B.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is a vehicle E in around 21:40 on January 17, 2013 (hereinafter “Defendant vehicle”).

) By negligence, while driving a vehicle and driving a vehicle, the Plaintiff A, who was walking on the left side from the right side of the Defendant vehicle to the right side of the vehicle, was negligent in neglecting the duty of Jeonju to the right side of the road of Han Bank near Songpa-gu Seoul Metropolitan Government, thereby suffering an injury, such as a thallebing on the left side by shocking the Plaintiff who was walking on the left side from the right side of the vehicle (hereinafter referred to as “instant accident”).

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

[Ground of recognition] Facts without dispute, Gap 1 through 3, 13 evidence, Eul 2 evidence (including each number, hereinafter the same shall apply), 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, however, that the accident site in this case also for the plaintiff A is likely to frequent traffic of the vehicle as a means of the exit of the vehicle to circumvent to the right, and thus, the plaintiff A has a duty to ensure the safety of the vehicle by properly examining whether the vehicle is emitted to circumvent to the right from the side road. In light of the aspect that the damage is fair and reasonable share, it is reasonable to limit the defendant's responsibility to 80%.

(2) Except as otherwise stated below within the scope of liability for damages, each item of the attached Table of the calculation of damages shall be the same as the corresponding item of the calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than KRW 2 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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