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(영문) 서울중앙지방법원 2015.01.09 2013가단134683
손해배상(자)
Text

1. The Defendant: (a) filed a claim against the Plaintiff A for KRW 1,00,00 for each of the said KRW 1,00,000 with respect to the said KRW 933,454,892, Plaintiff B, and C; and (b) on June 15, 2012 with respect

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) D is a freight E vehicle at around 17:40 on June 14, 2012 (hereinafter “Defendant vehicle”).

2) The Plaintiff’s driver was negligent in neglecting the duty of the front line to the non-protective Zone in the non-protective Zone of the non-protective Zone of the non-protective Zone where the signal, etc. in the location is operated at H level while driving the G’s two-lane road in the GF in Yangsan City, and driving the G, which is located in F, to the right side of the Defendant’s vehicle, caused the Plaintiff’s injury to A, such as the alley no. 11-12 of the chest trend, by neglecting the duty of the front line to the non-protective Zone of the non-protective Zone of the non-protective Zone of the Republic of Korea. (hereinafter “instant accident”).

2) Plaintiff B is the spouse of Plaintiff A, and Plaintiff C is the mother of Plaintiff A, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 8, the purport of the whole pleadings

B. According to the facts of recognition of the above liability, the defendant is liable for the damages suffered by the plaintiffs due to the accident of this case as the insurer of the defendant vehicle.

C. The limitation of liability: (a) the Plaintiff could have a vehicle left to the left when passing through an intersection where the vision of the non-protection coordinate is permitted; (b) thus, there was a fault in neglecting the traffic situation in order to prevent the accident even though it is necessary to pay attention to the situation of the frontway, and such error was caused by the occurrence of the accident in this case and the expansion of damage; (c) the Defendant’s liability is limited to 85% by taking into account all the circumstances,

2. In addition to the matters stated below within the scope of liability for damages, each corresponding 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 amount of damages is the accident.

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