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(영문) 서울중앙지방법원 2019.03.20 2016가단5159619
손해배상(자)
Text

1. As to the Plaintiff A’s KRW 71,00,00, KRW 250,000, KRW 250,000 for each of the said money to Plaintiff B, C, D, and E, and each of the said money.

Reasons

1. Occurrence of liability for damages;

A. 1) F is a U.S. ARMY G vehicle (hereinafter “Defendant vehicle”) around September 25, 2015, around 07:28, 2015.

) A driver, while driving a vehicle and driving a four-lane road near the Gayang River in Gangseo-gu Seoul Metropolitan City, into the National Assembly History from the parallel intersection. A driver’s H car (hereinafter referred to as “Plaintiff’s vehicle”) of Plaintiff A, who was temporarily stopped due to the vehicle’s stop.

) The rear part of the Defendant’s vehicle was shocked with the front part of the vehicle (hereinafter “instant accident”).

(2) Due to the instant accident, Plaintiff A suffered injury, such as damage to the attachment, escape from a protruding signboard, and dismissal from a warning position.

3) Plaintiff B’s wife, Plaintiff C, D, and E are the children of Plaintiff A, and the Defendant is the Agreement under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea (hereinafter “Korea-U.S. Administrative Agreement”).

2) The Defendant is liable for compensating the damages suffered by the Plaintiffs due to the instant accident, barring any special circumstance, inasmuch as the Plaintiff A was injured due to the operation of the Defendant’s vehicle, Article 23 of the Special Act on the Implementation of the Korea-U.S. Administrative Agreement, Article 2(1) of the Civil Act, and Article 2(1) of the State Compensation Act.

2. Except as otherwise stated below within the scope of liability for damages, each item of the [attached Form] damages calculation sheet shall be the same as each corresponding item, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

b.the Parties;

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