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(영문) 춘천지방법원원주지원 2015.12.16 2014가단35289
손해배상(자)
Text

1. The Defendant: (a) KRW 16,916,560; (b) KRW 5,440,000 to Plaintiff B; and (c) from January 17, 2014 to each of the above amounts.

Reasons

1. Facts of recognition;

A. On January 17, 2014, at around 17:00, C driving a gallon vehicle (hereinafter “instant vehicle”) with a gallon’s blood alcohol content of 1.129%, and driving the vehicle along the dgallon’s fallon’s fals (hereinafter “instant vehicle”) on a one-lane road in front of the 193-lane A, Gangwon-do, A, the body part of the Plaintiff A, walking on the front bank on the road, was shocked with the front part of the said vehicle (hereinafter “instant accident”). Accordingly, the Plaintiff suffered injury, such as the fallon’s falssis, and the falssis damage, etc., of the large brain that requires treatment of at least 12 weeks.

B. C was prosecuted by the instant accident and subject to criminal punishment, and during that process, paid KRW 6 million to the Plaintiff.

C. As the major children of Plaintiff A, Plaintiff B was living together with Plaintiff A while supporting Plaintiff A.

On the other hand, the defendant was the insurer who entered into an automobile comprehensive insurance contract regarding the instant vehicle, and paid KRW 15,100,820 to the medical expenses incurred from the instant accident of the plaintiff A.

(Reasons for Recognition: Facts without dispute, Gap 1, 4 evidence, Eul 1 and 4 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the fact that the occurrence of liability for damages and the limitation of liability are recognized, the Defendant, as the insurer of the instant vehicle, has a duty to compensate for all damages caused by the instant accident.

However, the defendant's liability ratio is limited to 95% (the plaintiff A's negligence 5%) considering that the plaintiff A was in a state of drinking at that time, considering that the plaintiff A was in a state of drinking. The defendant's liability ratio is limited to 95% (the plaintiff A's negligence 5%).

3. Scope of liability for damages

A. In addition to the statements stated below with respect to the plaintiff A, it is stated in the corresponding item of the attached calculation sheet.

The period for the convenience of calculation shall be calculated on a monthly basis.

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