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(영문) 서울중앙지방법원 2015.10.08 2014가단187943
손해배상(자)
Text

1. The Defendant’s KRW 27,136,736 as well as the Plaintiff’s annual rate from March 1, 2013 to October 8, 2015.

Reasons

1. Occurrence of liability for damages;

A. In fact, around 15:39 on September 3, 201, the Plaintiff (FF females) on the back of the D Driving Vehicle was injured by the front part of the D Driving Efin vehicle running in the direction opposite to the central line while driving in the middle of the C Driving Vehicle running in the middle of the C Driving Vehicle with the 8 ridge line parallel 46 of the Jindong-ri Jini Jini-ri National Road of Jinsung-ri, Jinsung-ri, Jin-ri, Jin-ri, Jin-ri, Jin-ri, Jin-ri, Jin-ri. 46, which caused the injury, such as the upper part of the D Driving Vehicle’s efin vehicle running in the middle of the D Driving Vehicle (hereinafter “the instant accident”), which led to the Plaintiff (FF females) on the back of the D Driving Vehicle.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the above low-est vehicle.

[Evidence] Contents and images of Gap's evidence Nos. 1 through 9, and the purport of the whole pleadings

B. According to the above facts of recognition of liability, the Defendant is liable for compensating the Plaintiff for the damages incurred by the Plaintiff due to the instant accident, inasmuch as B driving the said low-est vehicle and causing the instant accident to the Plaintiff.

C. The Defendant’s limitation of liability argues that the Defendant’s liability should be limited by taking account of such circumstances, since the Plaintiff’s fault that did not fasten the safety belt at the time of the instant accident, but it is insufficient to recognize that the Plaintiff did not fasten the safety belt at the time of the instant accident. The Defendant’s assertion is difficult to accept on the grounds that there is no evidence to acknowledge otherwise.

2. Scope of liability for damages

A. Amount recognized as 1) : 9,184,036 won [19,44,036 won (1,609,740 won 71,836 won) 1,430,030 won (15,525,200 won 22,200 won) - 10,260,000 won in the amount of rent for the higher hospital in the Namyangyangyang-si Hospital located in South Korea] / 200 won in the evidence 13 of the evidence 13 / 2 of the evidence 13 of the evidence 13 of the plaintiff 2) The difference between the higher hospital's fee and the amount of herb expenses purchased between June 2, 2013 and October 2013.

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