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(영문) 서울중앙지방법원 2018.01.12 2015가단5042530
손해배상(자)
Text

1. The Defendant: (a) from December 6, 2011, the Plaintiff amounting to Plaintiff A to KRW 923,029,092; (b) KRW 1,00,000; and (c) each said money.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) E are Fump trucks around December 15:11, 201 (hereinafter “Defendant vehicles”).

) A driver of Gangseo-gu in Busan Metropolitan City, while making a left-hand turn from the front side of the intersection to the right side of the G, while having a direct left-hand turn, due to the negligence on the left-hand turn while neglecting his duty of care to safely drive the course when he had to do so and without neglecting his duty of care (hereinafter “instant accident”). The part of the driver’s seat of the I Escoo-si driven by H, who was on the left-hand turn to the right-hand side from the right-hand side of the Kimhae Airport, was driven by the front-hand part of the Defendant vehicle (hereinafter “instant accident”).

(2) The PlaintiffB and C are the parents of the Plaintiff, and the Defendant is an insurer that entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle. The Defendant is an insurer that entered into a comprehensive automobile insurance contract.

[Ground of recognition] Facts without dispute, Gap 1, 2, 6, 15 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

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

C. In light of the details of the instant accident subject to limitation of liability and the parts and degree of the Plaintiff’s injury, it is recognized that the said Plaintiff did not wear safety belts at the time of the instant accident. Since such negligence of the said Plaintiff was the cause of expanding damages caused by the instant accident, the said Plaintiff’s negligence ratio is 5%.

Therefore, the defendant's liability ratio is limited to 95% of total amount of damages.

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 at the time of the accident.

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