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(영문) 서울중앙지방법원 2015.12.18 2012가단150121
손해배상금
Text

1. The Defendant: (a) against Plaintiff A, KRW 1,00,00 for each of the said KRW 55,716,195, Plaintiff B, C, D, E, F, and G; and (b) against each of the said KRW 1,00,000 for each of the said money.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) H around 15:05 on June 25, 2007, around 15:05, the I truck (hereinafter “Defendant vehicle”).

) A driving a vehicle, along the driving of Seongbuk-gu Seoul Metropolitan City, along the three-lanes in front of the opening of the Masan-dong, Seongbuk-gu, Seoul Metropolitan City, into the boundary of the Korea National University at Sejongambane. At that time, the Plaintiff A (hereinafter referred to as “Plaintiff Obane”) is JOba (hereinafter referred to as “Plaintiff Oba”).

) Although driving the Defendant and driving the vehicle along the four-lanes from the rear side of the Defendant vehicle, it was negligent in changing the course to the right side of the Defendant vehicle into the right side of the Defendant vehicle and resulting in the Plaintiff’s injury, such as mination and mincation of the front part of the Plaintiff Otoba, thereby causing the Plaintiff to the left side of the vehicle (hereinafter “instant accident”).

(2) The Defendant is an insurer who entered into an automobile comprehensive insurance contract with respect to the Defendant’s vehicle, and Plaintiff B, C, D, E, F, and G are punished and enjoy by Plaintiff A.

[Ground for Recognition: Unsatisfy, Gap evidence 2 through 3 (if there is a tentative number, including a branch number; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

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 Plaintiff A, who has exercised the duty of care as the Plaintiff A, failed to prevent the occurrence of the instant accident, is deemed to have contributed to the occurrence of the instant accident and the expansion of damage. Therefore, the Defendant’s liability is limited to 80% in consideration of such circumstances.

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 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, the parties' arguments are not stated separately.

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