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(영문) 부산지방법원 2019.06.11 2017가단335604
손해배상(자)
Text

1. The Defendants jointly share KRW 25,687,595 with respect to the Plaintiff and 5% per annum from August 28, 2016 to June 11, 2019.

Reasons

1. Occurrence of liability for damages;

A. (1) On August 28, 2016, the Plaintiff embarked on the Esi (hereinafter “Plaintiff”) around 05:18, 2016, and proceeded with the Plaintiff’s vehicle by breaking the central line while driving a vehicle F (hereinafter “Defendant”), driving a vehicle on the side of the Jyang-gu Busan, Busan, with the direction from the intersection to the intersection. Defendant C was driving a vehicle on the side of the Jyang-gu, Busan, with the direction from the intersection to the intersection. Defendant C was driving the said high speed toward the intersection from the intersection. Defendant C was driving the F vehicle on the side of the intersection. At that time, the Defendant’s vehicle was cut off on the road at the time, which was cut off, led to the collision of the Plaintiff’s vehicle by shocking the central line.

(hereinafter “instant accident.” The field map of the instant accident was as shown in the attached Form). The Plaintiff suffered injury, such as an injury from an external cerebral lebane, due to the instant accident.

(2) Defendant D Co., Ltd. (hereinafter “Defendant D Co., Ltd”) is an insurer who entered into an automobile comprehensive insurance contract with the Defendant vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-1, 1-2, 4-2, 4-3, and 4-16, the purport of the whole pleadings

B. According to the above recognition of liability, the instant accident occurred due to the negligence in operation, such as the vehicle steering system of Defendant C.

As such, the defendant C and the defendant company, the insurer of the defendant vehicle, are jointly liable to compensate the plaintiff for the damage caused by the accident in this case.

C. The Plaintiff’s limitation of liability appears to have expanded the Plaintiff’s damage caused by the instant accident due to the Plaintiff’s failure to wear the safety level at the time of boarding the Plaintiff’s vehicle. Therefore, the Defendants’ liability is limited to 90% in consideration of

2. In principle, a 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 KRW 10 shall be discarded;

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

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