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(영문) 서울중앙지방법원 2014.10.29 2013가단334384
손해배상(자)
Text

1. The Defendant: (a) KRW 79,220,826 to Plaintiff A; and (b) KRW 52,813,884 to Plaintiff B; and (c) to each of them, from November 26, 2013 to November 26, 2014.

Reasons

1. Occurrence of liability for damages;

A. The grounds for liability 1) C is as follows: (a) DK5 passenger cars around November 26, 2013 (hereinafter “Defendant vehicle”) around 03:27.

(ii)The network E (hereinafter referred to as “the network”) in the same direction as in the case of the driver’s operating and driving the same fishing road in front of the Dongwon-dong located in the City of his own city along the three-lanes of the 5-lane between the Donsan basin and the two-lanes of the Donsan basin.

b)The back part of the FMM Ban driven by the deceased, being driven by the front part of the Defendant’s vehicle and being driven by the deceased, conflict with the road side signal pole, resulting in the deceased’s death at the emergency room of the governmental mother hospital on the same day at around 04:08 on the same day (hereinafter referred to as the “instant accident”).

2) The plaintiff A is the deceased's spouse, and the plaintiff B is the deceased's child, and the defendant is the insurer who entered into an automobile comprehensive insurance contract with respect to the defendant's vehicle.

B. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the deceased and the plaintiffs due to the accident of this case.

C. The Defendant asserts that the deceased did not wear the safety bell at the time of the instant accident, and that the deceased’s negligence should be evaluated as more than 10% and considered in the calculation of the amount of damages. However, it is insufficient to recognize that the deceased’s private person or shock part did not wear the safety bell, and there is no other evidence to acknowledge this otherwise, the Defendant’s above assertion shall not be accepted.

【Ground of recognition】 The fact that there has been no dispute, each entry or video of Gap's 1 through 3, and 13 (including branch numbers, if any) and the purport of the whole pleading

2. In addition to the separate statements below the scope of the liability for damages, it shall be as shown in the separate sheet of calculation of damages, and it shall be deducted from the intermediate interest at the rate of 5/12 per month.

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