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(영문) 부산지방법원동부지원 2013.04.10 2011가단35182
손해배상(자)
Text

1. The Defendant: KRW 39,759,116 to Plaintiff A; KRW 1,00,000 to Plaintiff B; and KRW 500,000 to Plaintiff C and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. The Defendant, based on the responsibility, is an insurer who has concluded an insurance policy for a vehicle for riding on board with Nonparty E.

around 22:30 on February 14, 201, Nonparty E driven a vehicle owned by Plaintiff F after receiving a request for substitute driving from Plaintiff A at the Plaintiff’s parking lot located in Geumcheon-gu, Busan Metropolitan City.

At the time, a lot of snow was accumulated on the front window of the vehicle, but the above E was told from the plaintiff that he would see the snow, so there was a duty of care to prevent the accident, starting from the point of view after the plaintiff gets on board.

Nevertheless, the above E, due to the negligence of neglecting this, was caused by the injury of the plaintiff A, such as the tropis of the tropis of the right spaths and the right spaths, in the process of getting the plaintiff A to cut off the tropis of the plaintiff A, the front quith of the above vehicle, the front quiths of the above vehicle, who is spathing from the side of the above vehicle.

(hereinafter referred to as "the instant accident"). The Plaintiff B is the spouse of the Plaintiff, and the Plaintiff C and D are the children of the Plaintiff.

[Reasons for Recognition] In accordance with the facts without dispute, Gap evidence Nos. 2, 3 through 5, Eul evidence Nos. 1, 2, 5-2, and 5-3, and the purport of the whole pleadings, the defendant is the insurer of defendant vehicle, and is obliged to compensate for the damages suffered by the plaintiffs due to the accident of this case.

B. The limitation of liability is limited, however, the Plaintiff A, as the borrower who requested the substitute driving at the time of the instant accident, was able to have predicted the moving-out of the vehicle, but failed to promote its own safety, and was able to have the snow immediately adjacent to the vehicle, and caused the injury to be unfairly deducted, and the Defendant’s liability is limited to 90% in consideration of the calculation of the amount of damages.

2. When calculating the amount of damages under the scope of compensation for damage, less than a month during the interim period shall be included in the ratio of the appraised value to the side in which the said value is less.

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