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(영문) 서울중앙지방법원 2015.11.27 2014가단58960
손해배상(자)
Text

1. The Defendant: (a) filed a claim against the Plaintiff A for KRW 1,50,00 for each of the said KRW 72,910,528, Plaintiff B, and C; and (b) on November 18, 2012 for each of the said KRW 1,50,000.

Reasons

1. Occurrence of liability for damages;

A. On November 18, 2012, D around 01:45, 201, when driving the EM5 car and driving the two-lane road in front of the long-term elementary school located in the Gangseo-gu Seoul Metropolitan Government, at the right angle of the long-term elementary school, and driving to the left at one-lane of the long-term elementary school. There is a crosswalk where there is no signal lights, and even though the number of persons working on the above crosswalks of the Plaintiff A scam, due to the negligence of failing to perform the duty of safety driving, the crossinged the crosswalk, and thereby, the Plaintiff A sustained an injury, such as the structural cutting of the BF (hereinafter referred to as the “instant accident”).

(2) The Defendant is an insurer who entered into a comprehensive automobile dealer’s insurance contract with the representative G of the F to which D is affiliated with respect to personal compensation 2, personal compensation, personal physical accident, and self-vehicle damage.

3) The injury suffered by the Plaintiff A caused by the instant accident falls under class 4-11 of attached Table 1-2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act, and the Defendant was paid KRW 9,000,000 with the liability insurance money for it from the Eastern Fire Marine Insurance Co., Ltd., the liability insurance company for automobile accident compensation, and the remaining disability suffered by the Plaintiff A due to the instant accident at issue falls under class 4-11 of attached Table 2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (one of the three sections of the same bridge), and the liability insurance amount is KRW 18,80,000 for the injury. [The ground for recognition: fact that there is no dispute, evidence Nos. 2 through 5 (including a serial number; hereinafter the same shall apply), evidence Nos. 1 and 2, fact-finding with respect to the head of the Suncheon National University Hospital at issue, and the purport of the entire pleadings as a result of fact-finding

B. According to the above findings of recognition of liability, the Defendant shall, unless there exist any special accidents, deduct the liability insurance for automobile accident compensation under the Guarantee of Automobile Accident Compensation Act (hereinafter “automobile accident compensation1”) from the damages suffered by the Plaintiffs due to the instant accident, and compensate for the excess amount.

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