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(영문) 울산지방법원 2020.02.19 2018가단68935
손해배상(자)
Text

1. The Defendant: KRW 11,275,989, Plaintiff B, and Plaintiff C respectively; KRW 1,00,000, and KRW 500,000 for Plaintiff D.

Reasons

1. Facts of recognition;

A. F, around 13:00 on October 25, 2009, while driving a H-si vehicle owned by G Co., Ltd. (hereinafter “G”) (hereinafter “Defendant vehicle”) and driving in the direction of J-si located in G in Ulsan Nam-gu I (hereinafter “Defendant vehicle”), F caused an accident to shocking the Plaintiff who crosses the right from the left side of the running direction of Defendant vehicle to the right side of the Plaintiff (hereinafter “instant accident”).

B. Plaintiff A suffered bodily injury, such as establishment of a counter-salking, establishment of a counter-salking on the left-hand side, and distribution on the left-hand side, annual installments organization deficit, etc. after the instant accident.

C. The Defendant is a mutual aid business entity that entered into a mutual aid agreement between G and the Defendant’s vehicle.

Plaintiff

Based on A, Plaintiff B is her father, Plaintiff C is her mother, Plaintiff D is her siblings.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 3, part of Eul evidence No. 2, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of the above liability, the defendant is liable to compensate the plaintiffs for the damages suffered by the plaintiffs due to the accident in this case as a mutual aid business operator of defendant vehicle.

B. The limitation of liability, however, according to the aforementioned evidence and the purport of the entire pleadings, the Plaintiff A, at the time of the instant accident, was in front of the Defendant’s vehicle that had been proceeding as an infant aged 5 and 2 months. As such, the guardian of the Plaintiff B and C, was negligent in protecting and supervising the Plaintiff A.

The defendant's liability ratio is limited to 90% in consideration of the fact that the location of the accident in this case is a house and a side road in a commercial area, and that the road is one-lane without distinction between the roadway and the sidewalk.

3. Scope of liability for damages

A. The Plaintiff’s future medical treatment costs of Plaintiff A recognized KRW 11,859,550 on the left-hand side of the instant accident, the establishment of a scoke, and the scoke removal of the anti-scoke (scoke) with respect to the certificate of knowledge, but the Plaintiff A.

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