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(영문) 창원지방법원 2019.12.20 2017가단120106
손해배상(자)
Text

1. The Defendant: (a) KRW 10,00,00 for each of the KRW 179,873,375 for Plaintiff A, Plaintiff B, and C, and each of them on December 14, 2012.

Reasons

1. Occurrence of liability for damages;

A. At around 22:00 on December 14, 2012, Plaintiff A was driving a one-lane of the two-lanes in front of the Shicheon-dong bus stops located in Changwon-gu, Seoul Special Metropolitan City, from the e apartment room to the Frogate. On the other hand, Plaintiff A stopped on the two-lane of the same direction on the road, and the front left-hand side of Plaintiff A’s off-hand part of G vehicles standing on the opposite direction, and the accident that was driven on the road due to Plaintiff A’s malfunctioned by the front-hand side of the other direction.

(hereinafter referred to as “the instant accident”). The Plaintiff suffered injury, such as brain-dead and the right-hand pelke, the upper pelke, the right-side pelke, and the double water pelke, due to the instant accident.

Plaintiff

B and C are the parents of Plaintiff A, and the defendant is the insurer who has entered into a comprehensive automobile insurance contract with the defendant vehicle owner.

B. According to the fact that the accident in this case occurred while the defendant's vehicle was operated, the defendant, who is the automobile insurance, is liable to compensate the plaintiffs for the damage caused by the accident in this case.

However, the defendant's responsibility is limited to 70% for the fair sharing of damages in consideration of the circumstances, such as the fact that the plaintiff A was not using a safety cap, driving the Oral Sea with no license, and was negligent in neglecting the duty of Jeonju, etc.

【Ground of recognition】 The fact that there has been no dispute, Gap’s evidence 1 through 3, Eul’s evidence 2-1 through 4, the purport of whole pleadings

2. In addition to the matters stated below within the scope of liability for damages, each of the corresponding items of the annexed Schedule of Calculation of Compensation, and the period of convenience 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.

In addition, the arguments of the parties are rejected.

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