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(영문) 창원지방법원 2015.08.21 2013가단9638
손해배상(자)
Text

1. The Defendant: KRW 83,583,963; KRW 1,50,00 to Plaintiff B; KRW 3,00,000 to Plaintiff C; and KRW 7,643 to Plaintiff D.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) E around November 15:15, 2012 (hereinafter “Defendant vehicle”)

) A driving his/her vehicle and driving on a side of approximately five to six meters in width near Gangnam-gu Seoul Metropolitan City, while a vehicle stopped in order to turn to Spanco from the front middle school room to Spanco, and the Plaintiff A, the right side of the Defendant’s vehicle from the edge of madle road, was shocked into the part of the Defendant’s vehicle behind the Defendant’s vehicle, which led to the Plaintiff A’s injury, such as the vehicle’s pansle and hull hushesle, and thereby, the Plaintiff A sustained the injury (hereinafter “instant accident”).

2) Plaintiff B is the partner of Plaintiff A, and Plaintiff C and D are the parent of Plaintiff A.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 11 (including branch numbers; 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.

C. However, according to the evidence above, since the accident location of this case is a side where there is no distinction between the sidewalk and the roadway, the plaintiff A has a duty of care to safely walk the vehicle that passed as well as to safely, and such negligence seems to have contributed to the occurrence of the accident of this case.

Therefore, the Defendant’s liability against the Plaintiffs is limited to 95% by comprehensively taking into account all the circumstances revealed in the pleadings, such as the negligence of Plaintiff A and the background of the instant accident.

(5% of the plaintiff A's negligence). 2. The period for the convenience of the calculation below shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The amount of damages at the time of the accident shall be calculated by deducting the interim interest at the rate of 5/12 per month.

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