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(영문) 창원지방법원통영지원 2016.02.19 2013가단2947
손해배상(자)
Text

1. The Defendant: (a) KRW 7,708,823 to Plaintiff A; (b) KRW 8,720,467 to Plaintiff B; and (c) from October 8, 2010 to February 2016 to each of them.

Reasons

1. Occurrence of liability for damages;

A. The Defendant, at around 18:40 on October 8, 2010, driven D Cargo Vehicles (hereinafter “Defendant Vehicles”), and concealed G Motor Vehicles in the National Highway No. 14th in front of Fgas Wheat Station, which was in transit, in the national highway at the time E, and suffered injury to Plaintiff A, who was on the said Motor Vehicle, such as chill fright, knee mae tye tye tye tye tye tye tye tye tye tye tye 9, etc., for three weeks of treatment.

(hereinafter “instant accident”). 【No dispute over the grounds for recognition”, entry of evidence A Nos. 1 and 2, and the purport of the whole pleadings

B. According to the above facts, the defendant is liable to compensate the plaintiffs for damages caused by the accident of this case.

C. Limit of liability: (a) there was an error by which the Plaintiffs did not wear safety belts; and (b) the Plaintiffs’ errors were the major cause of the occurrence of the instant accident and the expansion of damages; and (c) in consideration of such circumstances, the Defendant’s liability is limited to 70 per cent

2. Except as otherwise stated below within the scope of liability, each item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest calculated at the rate of 5/12 per month.

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

Although the plaintiff B alleged that the symptoms of this case were caused by the accident in this case, there is no evidence to acknowledge it, and rather, it is difficult to view that there was the above causation according to the result of the physical examination entrustment to the head of the Busan Bana University affiliated with the Incheon Bana University. Accordingly, the plaintiff B's objection is not sufficient.

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