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(영문) 서울중앙지방법원 2014.08.26 2012가단203452
손해배상(자)
Text

1. The Defendants are 43,207,716 won to each Plaintiff and 5% per annum from August 11, 2009 to August 26, 2014.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant B’s D passenger cars owned by Defendant C (hereinafter “Defendant vehicle”) under the influence of alcohol around 18:00 on August 11, 2009 at the blood alcohol concentration of 0.053%.

2) On the other hand, on the other hand, the Plaintiff was injured by the Defendant’s front-hand part of the front-hand part of the Defendant’s vehicle, and caused the Plaintiff to suffer an injury, such as the right-hand pelle, etc. (hereinafter “the instant accident”) by neglecting his duty of front-time care while driving the front-hand road along one-lane from the front side of the kitchen to the front-hand part of the front-hand part of the Defendant’s vehicle, by neglecting his duty of front-way care while driving the front-hand road along one-lane from the front side of the kitchen to the front side of the two-lane.

(2) Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Sea”) is an insurer that entered into a comprehensive automobile insurance contract with Defendant C, which contains a condition that is at least 30 years of age with respect to the Defendant’s vehicle (hereinafter “instant insurance contract”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 3, 5, 8, Eul evidence Nos. 1 and 4 (including each number), the purport of the whole pleadings

B. According to the fact of recognition of liability, Defendant B and C are the operators of Defendant vehicle, and Defendant Hyundai Sea is the insurer of Defendant vehicle, and is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident.

C. However, the limitation of liability is limited, since the accident place of this case is a crosswalk without a signal apparatus at the time, and the plaintiff has a duty to ensure the safety of the plaintiff's own by properly examining the left and the right before the building of the crosswalk. Considering that the damage is fair and reasonable allocation, it is reasonable to limit the defendants' liability to 90%.

(10%) The ratio of negligence of the plaintiff is 10%).

Defendant Hyundai Sea is over 30 years of age when Defendant B was a driver.

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