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(영문) 서울중앙지방법원 2015.01.28 2013가단31838
손해배상(자)
Text

1. The Defendant: (a) KRW 147,091,314; and (b) KRW 6,00,000 to Plaintiff B; and (c) each of them, from February 5, 2012 to January 5, 2015.

Reasons

1. Occurrence of liability for damages;

A. The grounds for liability 1) C is as follows: (a) D’s Rogland (hereinafter “Defendant vehicle”) around 16:50 on February 5, 2012; (b) D’s Rogland (hereinafter “Defendant vehicle”).

) A driver, while driving a vehicle, made a left-hand turn at the speed of about 20 km from the E pharmacy to the ethic intersection. Since there is no signal, etc. installed, a driver engaged in driving service would make a left-hand turn at a speed of 20 km, the driver did not check the right-hand turn while neglecting his duty of care to reduce the speed and driving on the right-hand side, and failing to check the right-hand turn at the right-hand and right-hand turn. The driver found the plaintiff A who was crossing the above three-way distance to the Hyundai Amph apartment crossing from the middle region of the Yellow-gu, the driver was found late at the right-hand and rapid action. However, the driver was unable to take the measure and received by the plaintiff A on the front of the defendant's vehicle, and caused the plaintiff A to suffer serious injury, such as the plaintiff's ethicopic blood, dalopical cerebral le, ethalopic lele, and ethralopic le, etc.

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

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.

C. The limitation of liability: (a) it is reasonable to deem that the Plaintiff caused the instant accident while crossing a two-lane road without permission for the Plaintiff A, and that such error contributed to the occurrence of the instant accident and the expansion of damages; (b) therefore, the Defendant’s liability is limited to 80% by taking into account the ratio of negligence exceeding 20%.

【Facts without dispute over the ground for recognition】 The statements or images of Gap's 1 through 3, Eul's 1 (including the branch numbers in the case of additional statements) and the purport of the whole pleadings

2. Scope of liability for damages.

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