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(영문) 서울중앙지방법원 2018.11.23 2017가단5040873
손해배상(자)
Text

1. The Defendant: (a) KRW 291,850,312 to Plaintiff A; and (b) KRW 5,00,000 to Plaintiff B; and (c) KRW 2,00,000 to the rest of the Plaintiffs, respectively.

Reasons

1. Occurrence of liability for damages;

A. 1) F is an I SM5 car from the SM5 car at the SM5 distance from the SM5 car in front of the Hmaart located in G at the Namyang-si, Namyang-si, on July 16, 2016 (hereinafter “Defendant vehicle”).

2) The Plaintiff, while driving his vehicle, neglected his duty of front-time care and caused the Plaintiff to shocked the crosswalk installed on the instant shooting distance (hereinafter “instant accident”).

2) The Plaintiff A suffered injuries, such as the diversity diversity frame, etc., by the instant accident.

3) Plaintiff B is the spouse of Plaintiff A, and Plaintiff C and D are the children of Plaintiff A, and the Defendant is the insurer that entered into an insurance contract with respect to the Defendant vehicle. (b) According to the fact of recognition of liability, the Defendant, as the insurer of the Defendant vehicle, was liable to compensate for the damages suffered by the Plaintiffs due to the instant accident, barring any special circumstance. (c) The limitation of liability is that Plaintiff A, as the insurer of the Defendant vehicle, is responsible for compensating for the damages incurred by the Plaintiffs due to the instant accident. The Defendant, barring any special circumstance, was responsible for the damages incurred by the Defendant, as the insurer of the Defendant vehicle. This error was a governance of the road without verifying the pedestrian signal at the crosswalk’s night. This error has contributed considerable to the occurrence of the instant accident and the expansion of damages. In light of various circumstances revealed in the oral argument, the Defendant’s fault is considered to be 50%, and the Defendant’s liability is limited to 50% in consideration of various circumstances. [No dispute over recognition,

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.

[Ground of recognition] Unsatisfy, Gap evidence 7, 8, 11 through 16, and the fact-finding with respect to the J Hospital Head.

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