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(영문) 서울중앙지방법원 2018.10.26 2015가단122257
손해배상
Text

1. The defendant shall pay KRW 1,500,00 for each of the plaintiff A and B, and KRW 20,99,875 for the plaintiff C, and KRW 500,00 for the plaintiff D and E, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) G is as follows: A around February 5, 2015, 222:43, G is the H van on the same road in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Defendant vehicle”).

) On the other hand, while driving a motor vehicle, continuously driving the motor vehicle while disregarding the stop signal, the motor vehicle was shocked by the plaintiff C who dried the crosswalk with the bicycle, thereby causing injury to C, such as the upper left-hand felel felc, etc. (hereinafter referred to as “the instant accident”).

2) Plaintiff A and B are the parents of Plaintiff C, Plaintiff D are the students of Plaintiff C, and Plaintiff E are the students of Plaintiff C. The Defendant is the insurer who concluded an insurance contract with respect to the Defendant’s vehicle.

B. According to the above findings of recognition of liability, the Plaintiff C was injured by the operation of the Defendant’s vehicle, barring any special circumstance, the Defendant is liable for compensating for the damages suffered by the Plaintiffs due to the instant accident as the insurer of the Defendant’s vehicle.

C. The Plaintiff C is responsible for the limitation of liability because it erred by governance of a crosswalk with bicycle riding, and such error has contributed significantly to the occurrence of the instant accident and the expansion of damages, and thus, it should be taken into account. However, in light of the various circumstances revealed in the pleading, the Plaintiff C’s negligence is deemed 5% and the Defendant’s liability is limited to 95%.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, the purport of the whole pleadings

2. The scope of liability 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 calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

[Reasons for Recognition] Unsatisfy, Eul evidence 3, result of each physical appraisal commission to the head of I Hospital, significant facts, rule of experience and purport of the whole pleadings

(a) The Plaintiff C shall claim KRW 22,280,884 with the lost income.

The plaintiff C, the plaintiff C, the plaintiff.

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