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(영문) 서울중앙지방법원 2015.10.14 2013가단187137
손해배상(자)
Text

1. The Defendant: (a) KRW 22,568,291 to Plaintiff A; and (b) KRW 1,00,000 to Plaintiff B; and (c) to each of them, from December 5, 201 to October 5, 2015.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) C is a D vehicle on December 5, 201 (hereinafter “Defendant vehicle”) around 22:42 on December 5, 201.

2) The Plaintiff’s vehicle loaded on the Defendant’s vehicle, which was loaded on the Defendant’s vehicle, did not perform the duty of safe driving, while driving the Defendant’s vehicle, while driving the Defendant’s vehicle and driving the Defendant’s vehicle on the front front side of the Plaintiff’s vehicle in the same direction. As such, the Plaintiff’s vehicle used the vehicle to drive the Plaintiff’s vehicle in the central separation zone, led the Plaintiff to the Plaintiff’s injury, such as ludical salt, cerebr, etc. (hereinafter “instant accident”).

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

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

B. According to the above facts, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case.

C. However, according to the aforementioned evidence, the Defendant’s liability is limited to 85% in determining the amount of damages, inasmuch as the Plaintiff’s fault was found to have neglected the duty of safe driving in preparation for a case where the vehicle operating on a bend road may interfere with the passage of the vehicle driving on another lane while driving on the bend road.

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 current price calculation at the time of the accident shall be based on the discount method that deducts interim interest according to the ratio of 5/12 per month.

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